The Superior Court of Justice (STJ) has consolidated a fundamental precedent for companies facing tax enforcement proceedings. By means of Repetitive Theme No. 1,385, the First Panel ruled that the Public Treasury may not refuse the provision of a bank guarantee or surety bond on the grounds that cash ranks first in the statutory order of priority for attachment.
What changes for taxpayers?
In the past, it was common for public authorities to reject contractual guarantees and demand the immediate deposit of cash amounts, which often undermined companies’ cash flow and overall financial health.
With the new precedent, it is established that:
- Right to choose: The defendant has the right to select the type of security that is least burdensome to it.
- Legal certainty: Guarantees and surety bonds are deemed suitable and reliable instruments, securing the claim without freezing the company’s working capital.
- Mandatory application: As a repetitive appeal precedent, the decision is binding on judges and courts nationwide, expediting the acceptance of these forms of security.
Strategic advantages
The use of surety bonds or bank guarantees allows the company to fully exercise its right of defense and obtain a Positive Certificate with the Effects of a Negative Certificate (CPEN), without the need for the immediate disbursement of the full amount of the tax debt.
A decisão permite que as empresas discutam débitos fiscais sem sacrificar sua liquidez imediata.