Cautionary Action

By ETCO
25/09/2007

Source: 25/09/2007

Minister Joaquim Barbosa, of the STF, dismissed Sindifumo / SP's request to be admitted as a simple assistant in Action Cautelar 1657. In this action, with an injunction request, American Virgínia Indústria e Comércio, Importação e Exportação de Tabacos Ltda. pleads for the maintenance in operation of cigarette factories owned by it closed in early May this year due to tax defaults.

At AC, American Virgínia turns against the Federal Revenue Service, which ordered the closure of its factories on the grounds that the subsidiary of the American company accumulates R $ 1 billion in tax debts, mainly due to the non-payment of IPI, and did not present convincing reasons that could justify this situation.

The CA was filed with the Court on May 7. On the 16th of that month, the rapporteur, Minister Joaquim Barbosa, took to the Plenary the request for an injunction formulated therein. On the occasion, Minister Cezar Peluso asked for a view and, on May 24, presented his vote of view, rejecting the injunction. Ministers Cármen Lúcia Antunes Rocha, Ricardo Lewandowski, Eros Grau and Carlos Ayres Britto accompanied him. However, Minister Gilmar Mendes asked for a view.

On June 26, by majority vote, the STF rejected the injunction request, the rapporteur, Joaquim Barbosa, and ministers Marco Aurélio, Celso de Mello and Sepúlveda Pertence having expired.

By rejecting Sindifumo / SP's request, Joaquim Barbosa understood that the union's interest in entering the AC file was absent. He noted that the request was made by Sindifumo / SP on June 15, that is, almost a month after the session on May 16, when the preliminary injunction was initiated. And, as the assistant receives the action as it stands (article 50, sole paragraph, of the Code of Civil Procedure - click here), she would not be able to present new reasons to the Court as an assistant.