STF sets September hearing agenda on high‑interest issues

The Supreme Federal Court (STF) released its hearing schedule for September, an announcement that sparked public interest and put the Court's work in the spotlight. The agenda, presented by STF President Minister Edson Fachin on Friday the 28th, includes a series of topics with potential impact on different sectors of society.

Cases in the first week of September

In the first session of the month, the STF is expected to conclude the analysis of ADIn 4,395, which discusses the legality of collecting social security contributions on the gross revenue of rural employers to Funrural. The proceedings concerning the collection of this social contribution are suspended by the rapporteur, Minister Gilmar Mendes, pending the STF's establishment of parameters for sub‑rogation.

On the same day, the judgment of RE 1,479,774, with general repercussion (Theme 1,309), is scheduled. It addresses the incidence of financial income from the technical reserves of insurance companies in the calculation base of PIS/Cofins. The panel may also resume the judgment of ADIn 5,982, concerning the power of the Federal Public Prosecutor's Office (MPU) to make requests to public bodies.

ADC 80, which examines the validity of Labor Reform provisions (Law 13,467/17) on free legal aid in Labor Courts, is also on the docket. It will assess whether a worker’s self‑declaration of insufficiency is sufficient for granting the benefit. In another case with general repercussion (RE 1,495,108, Theme 1,348), the discussion involves the obligation of companies that buy, sell, or lease real estate to pay ITBI when transferring assets and rights to capital stock.

Debates in the second week of the month

In the second week of September, the plenary should resume the joint hearing, started in August, of three actions that discuss the limits for accessing confidential data in investigations. ADC 901 deals with the Internet Civil Framework (Law 12,965/14) and the validity of a provision that states connection‑log data can only be disclosed by judicial order.

ADIns 5,059 and 5,073 involve the scope of police delegates’ power to request evidence, information, data and documents in criminal investigations, as provided in sections of Law 12,840/13. Additionally, RE 835,818, also scheduled for the week, debates whether presumed ICMS credits can be included in the calculation base of PIS and Cofins.

Agenda for the third week

The first item on the third‑week agenda is ADIn 7,495, which discusses differences in parental‑leave rules, including the equivalence between biological and adoptive motherhood and the possibility of sharing the leave period between the child’s caregivers. The action, filed by the Attorney General’s Office, is reported by Minister Alexandre de Moraes, and its judgment will be restarted in the physical plenary.

Two cases concerning the application of the Elderly Persons Statute to health‑plan adjustments by age group are also on the docket. In ADC 90, the STF examines whether the prohibition of charging different amounts because of age covers contracts signed before 2004. The issue is also addressed in RE 630,852, with general repercussion (Theme 381), whose judgment awaits proclamation of the result. The STF Presidency indicated that the understandings of the two cases will be harmonized for a joint proclamation.

The agenda also includes the resumption of ADIn 5,385, which challenges the Santa Catarina law that redefined the limits of the Serra do Tabuleiro State Park. The judgment was suspended in August.

Fourth week and month’s close

In the fourth week of September, the plenary should analyze ADIn 7,935, which questions rules on court fees, taxes and procedural expenses in the Judiciary of Espírito Santo. A judgment on a resource in ADPF 557 is also scheduled, dealing with the use of the Attorney General’s salary as a reference for the remuneration of Public Prosecutor’s Office members and the automatic application of adjustments.

The agenda further includes a resource in ARE 1,490,466 concerning the remuneration of municipal prosecutors, and the continuation of ADPF 1,218, which discusses the extension of benefits granted by Cruesp to employees of educational institutions linked to São Paulo state universities.

Moreover, ADIns 7,822, 7,830, 7,844 and 7,848 are on the docket, challenging Decree 65,255/20 of the State of São Paulo on ICMS tax‑benefit rules. The actions discuss the granting of exemptions, benefits and fiscal incentives without prior approval from other federative entities and point to possible impacts on the federal pact, national integration and regional inequalities. The four cases are highlighted by Minister Luiz Fux.

On the last day of the month, the Court foresees discussion of the constitutionality of rules that compel doctors to perform blood transfusions even against the prior or current wishes of competent adult patients, including cases involving Jehovah’s Witnesses. The matter is addressed in ADPFs 618 and 642.

With information from Migalhas.