Case has general repercussion; Ministers Flávio Dino and Cármen Lúcia were won for understanding that competence is from the Union
The Supreme Federal Court (STF) judged constitutional on Wednesday (26.mar.2025) the collection of fees to prevent and combat fires in the states. Also endured to Search, rescue and rescue activities. The case has general repercussion, that is, it should be used as a goal by other instances for similar case judgments.
Ministers Dias Toffoli, Roberto Barroso, Gilmar Mendes, Luiz Fux, Edson Fachin, Cristiano Zanin, André Mendonça, Nunes Marques and Alexandre de Moraes voted in favor of charging fees.
Ministers Flávio Dino and Cármen Lúcia diverged and said they were against charging fees. For them, the competence is from the Union to address the subject.
In his vote, Minister Flávio Dino criticized what he called “Cannibalization of the Public Budget”.
“Everyone wants a rate and a background to call yours, and this results in that the budget piece increasingly becoming unfeasible”said Dino.
The Supreme Court, however, considered unconstitutional the rates related to vehicle survey and issuance of certificates, established in local laws.
About the trial
The trial of this 4th (26.mar) was treated in 3 cases: the extraordinary appeal, from Rio Grande do Norte, with general repercussion, and the non -compliance arguments of fundamental precept and, on similar measures in Pernambuco and Rio de Janeiro.
In the case of Rio Grande do Norte, the State Government appealed to the Supreme Court against decision of the local Court that considered the unconstitutional rate.
The Rio Grande do Norte Court of Justice (TJ-RN) considered that the services that these new charges aim to pay are inherent in public safety and should be offered to the entire population in a generic way. Therefore, they could only be funded by taxes, not additional fees.
The government of Rio Grande do Norte said that the increase in vehicle fleet in the state has increased the costs of the Fire Department and that this expense should be covered by direct beneficiaries.
