In a recent Decision, issued on August 17, 2021, in the proceedings of a Writ of Mandamus before the 9th Federal Civil Court of the Judicial Section of São Paulo, a preliminary injunction was granted to determine that the importer's registration discrepancy – regarding the building number where the company's headquarters are located – should not prevent its authorization in the unlimited import category, and the Respondent Authority must take the necessary measures for said authorization.
The company sought judicial authorization to carry out import operations exceeding USD 150,000.00 (one hundred and fifty thousand US dollars) semi-annually, ultimately requesting the annulment of the administrative process that determined the archiving of a review request submitted by it – which aimed precisely at obtaining said authorization in the Siscomex Radar system, pursuant to Article 16, III, of Normative Instruction No. 1,984/2020 of the Brazilian Federal Revenue Service.
However, when the request for review of the authorization was submitted, the responsible Authority decided to archive it due to a lack of updated registration information regarding energy bills and a plan of... Internet, due to the change in the numbering of the property – headquarters, although it has proven to the same Inspection all the requirements suitable for satisfying its request, essential to its claim, so that any pending registration issues should not be an impediment to the free operation of its economic activity.
Thus, the intervention of a specialized team to provide the necessary legal support to foreign trade operators is of paramount importance, because even if they seek to carry out their commercial activities in accordance with the provisions of the current legal system, they end up being surprised by radical and arbitrary actions originating from the Administration.
For more information, contact our team!
Decision commented on by Gian Lucca Jorri, Lawyer, graduated in Law in 2016 from the Catholic University of Santos / SP., Specialist in Customs and Tax Law.
OAB/SP No. 404.759
