Minister was a vote overdue in the judgment of the collection of Cide-Technology and questioned Barroso for making Dino the rapporteur of the case
The final moments of the plenary session of the Supreme Federal Court of Thursday (14.ago.2025) were marked by a disagreement between the president of the Court, Luís Roberto Barroso, and Minister Luiz Fux.
The reason for the discussion was the change in the case rapporteur on the case, a contribution of intervention in the economic domain that focuses on financial remittances abroad as compensation for contracts involving the use or transfer of foreign technology. Barroso questioned Fux if he would like to adjust his vote and thus be kept as a rapporteur.
The STF validated, with majority of votes, the changes that expanded the incidence of cide-technology. Fux was a vote overdue and prevailed the understanding of the court minister Flávio Dino, who presented a divergence.
Regarding the case, Fux said he understood that cide-technology should only fall on business involving importation of technology, without covering referrals of values as a copyright remuneration (including the exploitation of software without technology transfer), law services, among others.
He was accompanied by ministers André Mendonça, Nunes Marques, Dias Toffoli and Cármen Lúcia.
Fux stated that he did not readjust his understanding to be kept as a rapporteur in respect of the colleagues who accompanied him. He said that “There has never been this heterodoxy to withdraw from the rapporteur, won the minimum part, the rapporteur”.
The minister said: “I am not asking for a rapporteur, but I understood, with due respect, and with this tranquility I speak to the plenary, that I considered this completely dissonant manifestation of what happened until then in the Plenary”.
Fux asked his demonstration to be recorded and the situation would not pass again in other cases.
Barroso replied by saying that the change of rapporteur would be because the part where Fux was won created a new discipline about the case. The president of the Supreme Court asked if Fux would like to adjust the vote to maintain the rapporteur. He said he was not understanding the confusion and that his colleague was creating a situation that did not exist.
“I said, I have the greatest consideration for your excellence, and your excellence is not being faithful to the facts ”said Barroso.
Minister Gilmar Mendes tried to mediate the discussion, which ended without understanding between Barroso and Fux.
Watch an excerpt:
💥 The varnish of the Federal Supreme Court has just crack. In a session marked by tension, Minister Fux publicly complained of having lost the rapporteur of a case. Barroso, in a harsh tone, countered, accusing Fux of not being “faithful to the facts.” Gilmar Mendes, in the role of…
– Thomas | Political Analyst · Copywriter · Ia (@thomqrz)
Watch the moment Barroso questions Fux about readjusting his vote (from 1h47min13s):
In the present case, the Supreme Court rejected the appeal presented by the company Scania Latin America Ltda. and upheld the decision of the TRF-3 (Federal Regional Court of the 3rd Region), which admitted the collection of cide-technology on remittances of appeals abroad as a result of a cost sharing agreement-cost sharing– Research and development, signed with the company’s matrix, Scania AB, located in Sweden.
Flávio Dino’s understanding prevailed that the Constitution does not restrict the hypotheses of incidence of the contribution. He said that there is no need to correlate between the contribution creator and the exploration of technology, provided that the collection is fully destined to the area in which the economic intervention is intended – in this case, in the area of science and technology, as provided by law.
In the vote, the minister stated that the expansion was the conscious option of the economic policy adopted, in contrast, the reduction of the income tax rate withdrawn at the source on the remittances so as not to imply additional burden on the productive sector. Dino was accompanied by ministers Cristiano Zanin, Alexandre de Moraes, Gilmar Mendes, Edson Fachin and Roberto Barroso.
