At least three legislative proposals that touch the pockets of Brazilians, and which could be voted on this semester until the start of the legislative recess, have seen their consideration postponed by the National Congress. The projects, currently being examined in the Chamber of Deputies, should not be analyzed until after July 30.
See below some of the proposals that touch the pocket of the consumer and should be voted on from the next semester:
Readjustment of leases: “desperate” tenants
PL 1026/2021, which is being processed urgently, and one of which is due for consideration by Congress after July 30, establishes that rent increases – commercial and residential – cannot exceed the index inflation, the Broad Consumer Price Index (IPCA), the official inflation, until the end of 2022.
The most widely used index for contract readjustment is the General Market Price Index (IGP-M), calculated by the Getulio Vargas Foundation (FGV). The two indexes are very nice. IGP-M alone, for example, was 25% in 2020, while the official inflation rate in Brazil was around 5%.
The author of the legislative proposal argues that tenants are “desperate” by the disproportionate increase in rents amid the coronavirus pandemic. “The law on the lease provides for the free negotiation of the readjustment value between the lessor and the lessee; however, this free negotiation has resulted in losses for the lessor who, in the necessity of concluding the contract, accepts any indication of readjustment ”, explains MP Vinícius. de Carvalho (Republicans-SP).
The congressman explains that the rise in the IGP-M is due to the fact that it is an index “sensitive to the value of variables that were overvalued in 2020, such as the dollar and commodities, more oriented towards the wholesale sector “.
Although it fixes the IPCA as a parameter of the limit of the amount that can be concluded between the parties to the contract, the PL leaves the negotiation open in the event that the lessor judges the correction value “unfair”, and can propose an amount. higher index to the lessee.
Fuel tax: the proposal aims for “stability”
PLP 11/2020, drafted by MP Emanuel Pinheiro Neto (PTB-MT), provides for an amendment to the so-called Kandir law, which regulates the tax on the movement of goods and services (ICMS). The PL determines that the basis for calculating the ICMS for fuels is the volume traded multiplied by a rate set by state law, not the executive. It also defines that it is won from the average prices calculated during the year preceding the promulgation of the law.
The congressman explains that the goal is to bring stability and lower fuel prices. “We have found that, with regard to fuels, in particular petroleum derivatives, the most effective tax system, both in terms of transparency and the fight against tax evasion, is the establishment of specific rates. and relatively stable, defined by unit of measure, “he says.
This would generate, according to the congressman, incentives for free competition for gas stations and gas stations, “given the freedom to offer discounts to the end consumer and to be entitled to reimbursement by the Status of the portion of the tax that has been collected. on the discount “.
“The system of final prices generates distortions and an unjustified enrichment of the State, because the tabulated value is often greater than the value of the transaction actually carried out (sale at the service station), and this because of this, when the refinery lowers the fuel price, this price is not reduced at the pump, and the tax has already been billed in advance for the highest price indicated, ”explains Neto.
Readjustment of petroleum and natural gas derivatives
Another that should be analyzed after the break, PL 4995/2016, drafted by MP Beto Rosado (PP-RN), limits Petrobras to readjusting the prices of gasoline, diesel and liquefied petroleum gas ( LPG) only three times a year. , since there is no competition, Petrobras accounting for around 98% of Brazil’s refining capacity, in addition to being the main importer of fuel, argues the proponent.
“The challenge to Petrobras’ market power is made even more difficult by the fact that the federal government, which controls this state-owned enterprise, has used its influence to reduce the frequency and rates of readjustments of these products over a long period of time. period of time. in the recent past. The importation of petroleum derivatives was worsening and causing negative results for billionaires in the supply area of this company, contributing to the occurrence of billionaire losses, ”Rosado explains in the PL.
The legislative proposal also determines that the invoicing prices of natural gas, of national origin, from Petrobrás to the concessionaires of gas distribution by state pipelines will be readjusted on the 1st of each month, “according to parametric formulas based on the prices of reference of these products considered for the purposes of calculating royalties, plus the cost of transport from the wellhead to the points of delivery to buyers, when there is no effective competition in the marketing of this hydrocarbon.
Other PL which indirectly affect the taxpayer
Two other bills which may indirectly affect the consumer and which are on the table for consideration by Congress are PL 591/21 and PL 6234/2019.
Bill 591/21 deals with the national postal service system and paves the way for the privatization of the Brazilian Post and Telegraph Company. The expectation of House Speaker Arthur Lira was to consider the proposal until July 17 – which did not materialize.
In the hemicycle, the text is under the report of deputy Gil Cutrim (PDT-MA). The file has been treated urgently since April, which allows for faster analysis by parliamentarians. This means that the PL goes directly to the Plenary.
PL 591/2021 creates a regulatory framework for the sector, currently under a monopoly regime, and defines general standards for the National Postal Services System (SNSP), in addition to the rights and duties of consumers and generic rules for businesses. private companies entering the postal market.
It also provides that the Union can transform the Brazilian State Post and Telegraph Company (ECT) into a mixed capital company called Correios do Brasil SA. In addition, the proposal paves the way for the exploration of the postal sector by the private sector.
PL 6234/2019, in turn, drafted by Glaustin Fokus (PSC-GO), aims to modify and regulate the so-called law on public archives to provide for the register of direct transmission, between electricity concessionaires, of reversible property linked to the activity. According to the deputy, the device does not detail the rules for the transfer of real estate between concessionaires who decide not to extend the concession.
“As an obstacle to the realization of transfers, the law on public archives does not provide for the recording or annotation of acts resulting from the transfer of reversible assets assigned to public service”, specifies the deputy. “The proposed amendment aims to allow concessionaires of the hydroelectric power generation utility to comply with a contractual obligation. As well as, through the transfer of assets, relieve the old concessionaires of the administrative, environmental, legal and fiscal burdens arising from the possession and ownership of these assets, applicable to the new concessionaires ”.