The President of the Supreme Federal Court (STF), Luís Roberto Barroso, decided to redistribute the action filed by PSOL against the overthrow of the Government Decree that would increase the Financial Operations Tax (IOF). With this, the action leaves the rapporteur of Minister Gilmar Mendes, who had received the lawsuit by draw, and passes to Minister Alexandre de Moraes, who is already rapporteur of PL against the discharge of IOF.
The redistribution was made at the request of Minister Gilmar Mendes. Last Friday (27), Gilmar sent an order to Barroso asking him to evaluate the referral of the action to Moraes to avoid contradictory decisions on the same subject.
Barroso welcomed Gilmar’s argument and considered that there is “an important degree of affinity between the topics under discussion and the founded risk of contradictory decisions.”
“As pointed out by Minister Gilmar Mendes, the analysis of the theme requires that first delimit if, in editing Decrees No. 12.466/2025, 12.467/2025 and 12.499/2025, the President of the Republic exercised its power within the regulatory limits or legislative delegation, to analyze whether the suspensive procedure of Parliament found the constitutional text,” said the constitutional text. ” President of the Supreme in the order.
The decree was suspected by Congress last week, as PSOL argues to be unconstitutional for violating the executive’s prerogative to change the IOF rates. The government also evaluates whether it will take action in the Supreme against the overthrow of the decree.
Last Friday, the Attorney General of the Union (AGU) reported that he studies, at the request of the President of the Republic, Luiz Inacio Lula da Silva, legal measures to maintain the discharge of IOF. In practice, even if it does not file its own action, the government will be summoned to speak in the PSOL process and may mark a position against the defeat in Congress.
