15/02/2012 - Serviços de comunicação ficarão mais caros a partir do mês de abril

O mato-grossense vai pagar mais caro por serviços de comunicação a partir de abril. Contas de telefone, planos de celular, televisão a cabo, internet e afins terão seus preços reajustados devido a um aumento de 2% na alíquota do Imposto sobre Circulação de Mercadorias e Serviços (ICMS) que deverá ser repassado na fatura do consumidor.

O aumento na alíquota do ICMS nos serviços de comunicação visa a destinar mais verbas para o Fundo de Combate e Erradicação da Pobreza e foi aprovado por meio da Lei Complementar Estadual de número 460 no ano passado. O decreto regulamentando os artigos desta lei foi publicado no Diário Oficial do Estado na edição do dia 26 de janeiro.

A destinação de verbas oriundas do recolhimento de ICMS para o Fundo estadual é legítima; o problema é que a alíquota do imposto não deveria ter sido majorada para serviços de comunicações, explica o advogado e consultor jurídico Victor Maizman, assessor da Federação das Indústrias de Mato Grosso (FIEMT) e membro da comissão de assuntos tributários da seccional de Mato Grosso da Ordem dos Advogados do Brasil (OAB). 

“Ninguém questiona a importância do Fundo, mas não se pode violar a Constituição Federal”, adverte o advogado. 

Maizman esclarece que a lei complementar reajustou a alíquota do ICMS para serviços e produtos considerados supérfluos – como fumo, cosméticos, bebidas alcoólicas, armas e embarcações. No conjunto de áreas afetadas pelo aumento, a lei incluiu serviços de comunicação, que são considerados essenciais; para eles, a legislação federal veta o aumento de alíquota do ICMS. 

Aliás, a premissa da Constituição é de que a alíquota do imposto sobre os serviços essenciais seja até reduzida, enfatiza Maizman. A intenção dele é fazer a sociedade mato-grossense se aperceber da medida e dos impactos que ela terá a partir de abril, quando devem chegar às residências faturas com preços ainda maiores. 

Para o advogado, uma vez que os poderes Executivo e Legislativo determinaram a majoração da alíquota, cabe agora ao Judiciário, depois de provocado, analisar a questão e apontar se houve ou não irregularidade no reajuste para os serviços de comunicação. É uma forma de proteger o próprio consumidor, pois, como estabelece a Agência Nacional de Telecomunicações (Anatel), as empresas de comunicação estão autorizadas a repassar aos usuários qualquer aumento na tributação dos serviços prestados. 

“Justamente por ser a questão tributária muito complexa, geralmente a população não fica informada; só vai saber quando receber a fatura em casa. Mas qualquer aumento de tributo é repassado ao consumidor. É ele quem sempre paga a conta”.

Outro lado

A reportagem procurou a Secretaria de Estado de Fazenda (Sefaz) para comentar o aumento da alíquota do ICMS mas foi informada de que haveria um parecer apenas a partir desta quarta-feira (15).

 

Da Redação - Renê Dióz

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