Senate Bill provides for combating persistent debtor

For the president of ETCO, the great challenge of the Brazilian legal system is to differentiate the defaulter from the persistent debtor

Exam/Compass
06/06/2022

At the moment when the implementation of a new Refis, for the renegotiation of companies' debts, is being evaluated, the discussion about the search for compensatory measures arises.

In this sense, there is an initiative ready to be voted on by the plenary of the Federal Senate that will allow the fight against the persistent debtor, who bleeds the federal coffers in the order of R$ 14 billion a year, only in the fuel market. It is PLS 284/17 that provides, among a series of measures, the objective distinction between debtors: the eventual debtor e the reiterated debtor (who will not be affected by said PLS) and the persistent debtor, this yes, must be fought, therefore, it is structured intentionally to not pay the taxes due.

To get an idea of ​​liabilities, also in the fuel sector, active debts reach R$ 70 billion. Which corresponds, for example, to 8% of the GDP of Minas Gerais last year.

PLS 284/17 was reported by Senator Fabiano Contarato (PT-ES) and was approved by several committees and now it only depends on the President of the Federal Senate, Rodrigo Pacheco (PSD-MG) to move forward and be guided. The delay in approving this project encourages the persistent debtor, harming the public coffers and society as a whole.

For the president of ETCO (Brazilian Institute of Competition Ethics), Edson Vismona, who follows the progress of the agenda in Congress, the great challenge of the Brazilian legal system is to differentiate the defaulter from the persistent debtor. “Contumaz is not a taxpayer, he is a criminal, as he practices fraud in the exercise of his activities. The defaulter, on the other hand, wants to be up to date, but due to different circumstances they are unable to pay their tax obligations, this one deserves attention from the government and stimulus for its regularization, whereas the persistent must be repelled ”, he says.

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