In a constitutional action sponsored by our firm, DB Tesser Sociedade de Advogados, the Magistrate of the 16th Federal Court of the Judicial Section of Rio de Janeiro recognized, in a preliminary injunction, the illegality of the summary suspension of the importer's CNPJ registration.
 
First, it should be noted that the suspension of the company's registration with the CNPJ (Brazilian National Registry of Legal Entities) resulted from an alleged, but unproven, infraction of lending its name to third parties.
 
Given the illegalities found and the irreparable damage that the suspension of the CNPJ (Brazilian taxpayer identification number) would cause to our client, a writ of mandamus was filed against the aforementioned coercive act.
 
In light of what was argued in our petition, the Magistrate understood that said suspension exceeded the limits foreseen in our governing regulation, which would already be sufficient to invalidate the administrative act.
 
In this step, the Magistrate granted the preliminary injunction to suspend the effects of the administrative decision that suspended the company's CNPJ (Brazilian taxpayer identification number), as well as all effects arising from the act.
 
Therefore, the support of a specialized legal team is essential, since even though importing companies operate correctly, they suffer from arbitrary administrative acts, and the Brazilian Federal Revenue Service is not exempt from bearing the responsibility for negligent acts originating from it.
 
For more information, contact our team!

Decision commented on by Pedro Guzenski, Lawyer, graduated in Law in 2019 by the Catholic University of Santos. OAB/SP No. 445.637