Maintaining 6 million jobs and reducing the risk of rising prices for products and services at this time of economic recovery are being questioned by AGU
São Paulo, January 13, 2021 - With the purpose of contributing to the construction of a more digital and less unequal Brazil, in which information technology plays a fundamental role for the democratization of knowledge and the creation of new opportunities for all, in addition to ensuring a favorable business environment to innovation, ethical, dynamic and globally competitive, ABES - Brazilian Association of Software Companies continues to work to defend the exemption from payroll and the maintenance of 6 million jobs.
On December 23, the association applied to be Amicus Curiae in the Direct Action of Unconstitutionality (ADI) 6632, presented by the Attorney General's Office (AGU), in which the body questions the validity of Article 33 of the Law 14,020 / 2020, which extended the payroll tax exemption for one year, which would end on 12/31/2020. According to Rodolfo Fücher, president of the organization, the pandemic has no end date and several economic measures have been assertively taken to mitigate its impacts.
“The ABES legal department, led by Dr Manoel dos Santos, drafted an application, which brings important arguments for the defense of the extension of the payroll exemption, which contributes to the maintenance of more than 6 million jobs in the 17 sectors impacted by the measure , in addition to reducing the risk of an increase in the prices of products and services at this time of economic recovery ”, highlights ABES President Rodolfo Fücher.
In view of the accelerated digital transformation in recent months, due to the Covid-19 pandemic, the importance of digital services has become more evident, both for companies and government entities, as well as for citizens. “This is not the right time to charge the IT sector. A higher tax burden may make it difficult to maintain investments for digital transformation and national competitiveness ”, explains Fücher.
What ADI says
At ADI, the attorney general of the Union, José Levi, argues that, according to updated information from the Federal Revenue Service, the extension represents a reduction of R $ 9.78 billion in the collection of the social security contribution planned for 2021. He maintains that the legislative process was concluded without estimating the budgetary and financial impacts, in disregard for democratic, republican principles, due process and sustainable indebtedness, in addition to violation of the transitional measures provided for in Constitutional Amendment (EC) 95/2016, which instituted the Public spending.
Minister Ricardo Lewandowski, rapporteur of the case, decided to send ADI 6632 directly to be analyzed by the 11 ministers of the Supreme Federal Court (STF), applying to the case the abbreviated rite provided for in article 12 of the ADIs Law (Law 9.868 / 1999).
In an order, the magistrate requested information about the extension decision from the Presidency of the National Congress. Then, the records will be sent, successively, to the Attorney General's Office (AGU) and the Attorney General's Office (PGR), for manifestation. There is still no date for the trial to take place in plenary.
About ABES
ABES, Brazilian Association of Software Companies, aims to contribute to the construction of a more digital and less unequal Brazil, in which information technology plays a fundamental role in the democratization of knowledge and the creation of new opportunities for all. In this sense, it aims to ensure a business environment conducive to innovation, ethical, dynamic and globally competitive, always aligned with its mission of connecting, guiding, protecting and developing the Brazilian information technology market.
Since its foundation in September 1986, ABES has sought to be relevant to its associates and a national and international reference in the technology sector. Currently, the entity represents approximately 2 thousand companies, which total about 85% of the revenue of the software and services segment in Brazil, distributed in 22 Brazilian states and the Federal District, responsible for the generation of more than 208 thousand direct jobs and an annual revenue around 63.7 billion in 2019.
Access the ABES Portal – https://www.abes.org.br or speak to the Relationship Center: +55 (11) 2161-2833.
ABES - Press contacts:
Weber Shandwick Brasil - abes@webershandwick.com
Paula Boracini - +55 (11) 98415-0314
Fernanda Araujo - +55 (11) 97205-7806
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