Two urgent requests for bills that deal with the Rural Workers Assistance Fund (Funrural) are awaiting a vote in the plenary of the Chamber of Deputies. The president of the Parliamentary Front of Agriculture (FPA), Ms. Tereza Cristina (DEM-MS), requested the president of the House, Rodrigo Maia (DEM-RJ), during the evening session of the plenary session on Tuesday (15). that requests for urgency should be decided later this week.
For her, there are two proposals that define the next steps of the issue of Funrural, which still remains uncertain for thousands of rural producers in the country. “There is still enormous legal uncertainty on the subject,” says the president. One of the urgent requirements refers to the vote on bill 9623/2018, authored by Congresswoman Tereza Cristina, which repeals the blocking of assets by the Attorney General of the National Treasury, in case the taxpayer does not pay her debt until five days. This change was included in Law 13606/2018 that establishes the funrural debt installment program.
The president of the FPA explains that at the time of the approval of Law 13606/2018, due to agreements with the Federal Government and opposition, it was not possible to withdraw the articles that concern the blocking of assets by PGFN. “Although contrary to the articles provided for in the current legislation that regulates the Rural Tax Regularization Program (PRR), the FPA has maintained them to guarantee the other achievements to the rural producers,” said Tereza Cristina.
The President also added that it was necessary to carry out this conversion to the same text as before the Funrural vote. “The law protected both sides and nobody lost, but it was unbalanced,” says Tereza Cristina. Under the new rule, PGFN may, after five days of nonpayment of debt, without determination of the Judiciary, communicate the registration in active debt to credit protection services, in addition to declaring, by electronic means, the blocking of assets.
According to the deputy, the change is unconstitutional, because it contradicts the procedure already foreseen in art. 185-A of the National Tax Code, which establishes that only the judge can determine the unavailability of goods and rights, communicating the decision by means of a judicial order. “It is a general rule of Tax Law applicable to the Union, the states and municipalities, under the terms of art. 146, III, of the Constitution. It is necessary to ensure the fundamental rights and guarantees of taxpayers, “says the author of the PL.
The second bill (PL 9252/2017) that is urgently requested is authored by Deputy Jerônimo Goergen (PP-RS), coordinator of Infrastructure and Logistics of the FPA, and requests the end of the collection of liabilities, referring to the period 2010-2017, of Funrural.
According to the deputy’s proposal, the Federal Supreme Court (STF) had ruled the tribute unconstitutional in 2010 and 2011. Based on these two judgments, many producers stopped collecting the contribution. However, on March 30, 2017, the Supreme Court changed the understanding and declared the constitutional charge. With the determination, every producer, who has stopped collecting, became a debtor of a social security liability.
“Such a change of understanding can not be admitted, as this damages juridical security, protection of the trust and separation and independence of the Powers of the Republic. It is not possible to recover the collection on rural producers throughout Brazil, without at least awaiting its final decision, “said Goergen.