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Difal: Rosa Weber asks for prominence and trial will be restarted

December 14, 2022

Justice Rosa Weber, president of the Federal Supreme Court, requested that the Direct Actions of Unconstitutionality No. 7,066, 7,070 and 7,078 be judged, which discuss whether the principle of annual prior notice should be applied in relation to the changes promoted by Complementary Law No. 190/2022. Thus, the trial, which had a favorable score of 5×3 for taxpayers, will be restarted.

Until then, Justices Edson Fachin, André Mendonça, Ricardo Lewandowski, Cármen Lúcia and Rosa Weber had reached an understanding to apply the principle of annual prior notice, so that Difal could only be required in 2023. Meanwhile, Dias Toffoli cast a vote stating that Difal should be required as of April 5, 2022, a position supported by Justice Gilmar Mendes. Only Justice Alexandre de Moraes voted for the immediate collection of Difal. With five votes in favor by taxpayers, one vote was enough for the STF to rule in favor of taxpayers.

However, after a meeting with governors and vice-governors, who requested Min. Rosa Weber, president of the STF, that the trial of the ADIs be held in person due to the loss of revenue, there was a request for a detachment. Thus, the trial will be restarted by the Supreme Court, with no forecast for its resumption.

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