A partnership signed between the president of FMAGD (Maranhão Distributed Generation Front) – Yann Russo and state deputy Wellington do Curso, with the of the New Party, resulted in the filing of an ADI (Direct Action of Unconstitutionality) in court.
The measure, filed in the last week of April, aims to eliminate the ICMS (Tax on the Circulation of Goods and Services) charge for the solar sector. distributed micro and minigeneration in the state of Maranhão.
The Maranhão front, which is part of the coalition of MSL (Free Solar Movement), states that the collection of the tax in the state – which began in June 2024 – has made it difficult for the population and productive sectors to access photovoltaic technology.
The initiative follows the model of a similar movement carried out in Goiás and Mato Grosso, where the Court of Justice of the two states suspended the collection of ICMS, in January and May of this year, respectively.
Learn more:
- Court suspends ICMS collection on solar energy in Goiás;
- Court suspends ICMS collection on solar energy in Mato Grosso.
In February, the same type of action was filed in Piauí by Apisolar (Piauí Association of Solar Energy Companies).
For this reason, the strategy of the Maranhão Distributed Generation Front is to use the same legal argument adopted in all these states.
The claim is that the ICMS charge is irregular, since, according to Law 14.300, the energy generated by DG systems is temporarily transferred to distributors as a free loan, and is subsequently compensated.
Therefore, it would not be characterized as a circulation of goods operation. The entity awaits the Court's position and decision on the matter.
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