Minister Cristiano Zanin, of the STF (Supreme Federal Court), voted to keep Sicobe (Beverage Production Control System) suspended, which was extinguished in 2016 by the Federal Revenue Service.
The minister cited a survey delivered by the federal government, arguing that the reestablishment of the system would result in a loss of revenue close to R$1.8 billion per year and would imply the granting of tax incentives without a provision in the 2025 budget, which could violate the Fiscal Responsibility Law.
Still according to Zanin, the Federal Revenue acted within its competence when suspending Sicobe in 2016 and the TCU did not have the authority to overturn this decision.
a model in which there is no discussion between judges. Until then, only Zanin, who is rapporteur, voted. Ministers have until next Friday (24) to register the votes.
Understand
Created to monitor the production of beers, soft drinks and other drinks, Sicobe aimed to prevent fraud and guarantee the payment of taxes in the sector. The system was suspended by the Revenue in 2016, on the grounds that it presented flaws, high cost and low efficiency in tax control.
Years later, the TCU (Federal Audit Court) assessed that the Revenue’s actions were illegal, as they contradicted the law that determined the use of the system. The court then issued a series of decisions obliging the Revenue to reactivate Sicobe.
The AGU (Attorney General’s Office), however, reacted and appealed to the STF to annul the TCU’s decisions. The Union argues that the Revenue has legal authority to create, alter or waive additional obligations linked to collection and mentions the high cost of reactivating the system.
The process was guided. Although the system’s main focus is fiscal control, Sicobe’s ability to help monitor production and prevent beverage adulteration can influence ministers’ votes.
The system monitored the production of alcoholic and non-alcoholic drinks in real time, with the aim of combating tax evasion and hindering the circulation of irregular products.
If reestablished, Sicobe could reinforce traceability and control over formal production, reducing gaps for the entry of counterfeit drinks.
