Federal courts in different regions of the country have granted an injunction to prevent the immediate reinstatement of Pis/Cofins rates on financial revenues.
In an attempt to halt the decisions and, thus, ensure revenue collection, the Federal Government proposed Declaratory Action of Constitutionality (ADC) No. 84, in which the rapporteur, Min. Ricardo Lewandowski, granted an injunction to suspend all decisions that set aside Decree No. 11,374/2023 and, consequently, allowed the collection of Pis/Cofins on financial revenues based on the rate of 2.33%.
The unconstitutionality of Decree No. 11,374/2023 is blatant, so that the recognition of disrespect for the 90-day period must be recognized at some point.
