Benefícios Fiscais: “Farinha pouca a primeira é minha”
“Farinha pouca a primeira é minha”, foi a expressão usada pelo Secretário de Fazenda de Maranhão e também coordenador do Confaz Cláudio Trinchão, no último Seminário da empresa INTERNEWS dia 24 de maio, cujo tema era “Guerra Fiscal, como se adaptar á nova realidade, para ilustrar o cenário de briga entre os Estados e a necessidade de um novo modelo de federalismo com igualdade de condições para ofertar serviços públicos.
Trinchão demonstrou frustração com os rumos que a Reforma tomou e falou sobre a tentativa de implementação de um Acordo dentro do Confaz e dos cenários pós-Guerra Fiscal. Segundo ele, não há consenso para nenhuma proposta. A única coisa que os Estados concordam é na rediscussão da dívida, placar é 27×1 (Governo Federal).
Todos os palestrantes apontam as disparidades regionais e a ausência de política de desenvolvimento como fator que gerou a concessão desorganizada de incentivos fiscais. Concordam que o grau de desindustrialização do Brasil é alarmante e uma série de fatores contribuem para isso, como a deterioração das bases econômicas, alocação deficiente de recursos, declínio das instituições como Congresso e BNDES, cerceamento da liberdade de imprensa. Há uma desfuncionalidade em curso. A organização está perdendo concatenação viabilizando a promoção de inconstitucionalidades.
Andrea Calabi, Secretário de Fazenda de São Paulo e o advogado Ives Gandra têm o mesmo discurso. Calabi tece suas considerações sobre as propostas apresentadas, considera a alíquota de 4% de forma simétrica o suficiente e necessário. Aos estados exportadores líquidos consente em pensar as compensações. O 7 e 4 para o comércio segundo ele é apenas passeio de nota. A ZFM e gás a 12% uma aberração e uma anomalia, “poderia ser 9, mas 12 em um mundo de 7 e 4 é inviável!”. Concorda com 7 para informática. Em sua visão a competição que ameaça a Grandene não é São Paulo é a China e “se aumentarmos o bolo de riquezas haverá mais para distribuir”.
Ele e o advogado Ives Gandra defendem a unanimidade do Confaz como uma pedra fundamental, cuja ruptura de um eixo central geraria “guerra civil”. A unanimidade seria Cláusula Pétrea da Constituição Federal, argumentam que o sistema federativo se alicerça na autonomia financeira, política e administrativa dos Estados da Federação e a não-unanimidade do Confaz redundaria em perda da autonomia financeira, a partir do momento que outros Estados definem a carga tributária da mercadoria que vai entrar no “meu estado”, e eu não tenho autonomia para deliberar sobre a questão. Por autonomia ele entende direito de veto no Confaz. “Sem a unanimidade não há como controlar o ICMS”. Quanto à proposta atual de Reforma, afirmam que o Governo Federal perdeu sua capacidade de negociação. E a Súmula não teria efeito prospectivo.
Em contraponto o advogado Hamilton Dias de Souza diz que a Lei Complementar 24/75 já previa que a convalidação de benefícios passados, anteriores a 1975, poderia ser feita com aprovação de 2/3 dos representantes presentes. Assim, afirmar-se que unanimidade é Cláusula Pétrea levaria a duvidar da própria Lei Complementar. Ele acrescenta ainda que procurou em todos os Convênios aprovados até hoje pelo Confaz e não conseguiu achar nenhum que autorizasse concessão de benefício de caráter industrial, de efetiva implantação de planta industrial. Assim, “se a autorização de concessão de benefício fiscal é fundamental para descentralização econômica do País e não tem regra nenhuma que autorize, o resultado será sempre a guerra”.
Dr. Hamilton, o Secretário Trinchão e o Senador Ricardo Ferraço são uníssonos na leitura de que o cenário atual só contribui para aumento do custo operacional, insegurança jurídica e facilidade para fraudes e que as propostas do Governo federal são apenas financeiras, não levando em conta que empresas como Grandene no sertão do Ceará, gerando 40 mil empregos, só estão lá por causa do benefício, este terminando elas vão embora. Acham que a discussão deve envolver royalties, FPE, Reforma ICMS e Dívida dos Estados. E todos duvidam que o Governo Federal vai voltar com esse assunto pra Pauta tendo em vista o calendário político do País.
O que se desenha é que avançou a convalidação plena. Segundo Secretário Calabi, seu desejo é que o Confaz se torne uma mesa de negociação, e nesse sentido ele tem atuado. “Há razoável consenso em não levar a ferro e fogo a norma vigente, no entanto”, alerta, “o passado tem que ser digerido como um instrumento de construção do futuro”.
O que se sabe é que alguns estados só admitem acordo se houver redução de alíquotas, outros se houver implantação de fundos constitucionais.
O Senador Ricardo Ferraço disse que não é razoável que São Paulo tenha um PIB maior que 21 Estados juntos. Ele trouxe uma observação do Nobel de economia Edward Prescott sobre o Brasil:
“Um dos problemas do País atualmente é a forte centralização dos pólos econômicos, como São Paulo. Outro problema é a alta carga tributária e a necessidade de fazer reformas que estimulariam novos investimentos.”
E por último, Fernando Rezende, ex-presidente do IPEA, disse que o ambiente é mesmo de um abismo federativo.
Todos concordaram que a União é omissa em apresentar uma Política de Desenvolvimento consistente, que seu papel não é apenas de fazer repasses e que somente sua liderança conduziria a uma Reforma minimamente satisfatória. Déficit de investimento e a Proposta de Súmula Vinculante, ainda que tenha defeitos, são uma pressão a mais.
E todos, muito cuidadosamente, demonstram acreditar, que esse assunto não voltará a Pauta esse ano pela via legislativa.
LIZ MARÍLIA VECCI
OAB/GO 19.249
São Paulo, 24 de maio de 2014.
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