Jurists, magistrates, prosecutors, state and federal deputies, as well as representatives of civil society, met this Thursday (14/9) to discuss the social security deficit in Brazil. The public hearing was held in the Paulo Kobayashi auditorium of the Legislative Assembly.
According to the Budgetary Guidelines Law (LDO) of 2018, the Union's active debt is R $ 1,8 trillion, with the Brazilian GDP being R $ 5,5 trillion. In administrative proceedings alone, there are R $ 980 billion, mainly due to persistent debtors.
The Brazilian judicial system has an accumulation of executions of tax proceedings. Data from the National Council of Justice (CNJ) this year show that 91% of enforcement proceedings are stalled in this type of action. In Federal Justice, 38% of all cases are of a tax nature. At the Court of Justice (SP), 12 million, out of the 20 million total shares, are taxable. "The prosecutors' offices need agility in these charges, so that they can, together with the judge, use measures such as conciliation, to prevent delays from persisting," said Heleno Torres, professor at USP's Department of Economic Law.
The member of the São Paulo Association of the Public Ministry, Paulo Penteado Teixeira, discussed tax refinancing (Refis), which, according to him, creates a vicious circle. “Refills are subject to rebates and installments, which makes defaulting an excellent deal. The bad entrepreneur does not pay taxes, because "in addition to not paying" he suffers amnesty from the debt and gets rid of the criminal problem ", he informed.
Banks and airlines and land transport companies, such as bus and security companies, are considered the main tax evaders and debtors of Social Security and also those that most dismiss employees in exchange for automation. “The Labor Court proposes an amendment related to automation, which promotes massive layoffs of employees, so that there is a specific taxation of higher contributions to those dismissed. The list of major debtors of Social Security coincides with that of major labor debtors, ”declared the secretary of the National Association of Labor Justice Magistrates, Judge Silvana Abramo.
Another fact addressed was that, according to the National Labor Secretariat, R $ 33 billion reais are no longer collected due to the lack of registration of employees. "In addition to huge damage to the Treasury and Social Security, it also causes damage to the employee, who finds it very difficult to retire," said the attorney general, Wellington Viturino de Oliveira.
For federal deputy Arnaldo Faria de Sá (PTB / SP), the situation is very difficult for the worker. “The lack of mobilization is giving the government a break, which, through amendments and positions, is approving what it wants. In October, the federal government will resume the Pension Reform and we have to carry out a major mobilization ”, he declared.
In addition to those mentioned, the deputy was present Leci Brandao (PCdoB), who requested the hearing, Congressman Teonílio Barba (PT), Senator Paulo Paim (PT / RS), responsible for the Social Security CPI, the president of the National Association of Prosecutors, Norma Angélica Reis Veloso Cavalcanti, the president of the Association of Federal Judges of Brazil, Roberto Carvalho Veloso, and the member of the Brazilian Institute of Ethics in Competition, Edson Vismona.