The Supreme Federal Court suspended the trial analyzing the injunction granted by Minister Fl\u00e1vio Dino that determined the national suspension of all processes discussing the validity of the Soy Moratorium in the courts and the Administrative Council for Economic Defense (Cade). So far, there are four votes to confirm the suspension of the actions. The analysis has been taking place in the virtual plenary since last Friday (14) and was scheduled to end next Tuesday (25). The request for review was made by Minister Dias Toffoli, and until the process returns to the agenda the measure remains valid.<\/p>\n
Lawyer Frederico Favacho states that Fl\u00e1vio Dino's decision is positive, as it recognizes the legality of the Soy Moratorium. "This is the most important point in the entire controversy," he believes.<\/p>\n
The Soy Moratorium is a voluntary agreement between grain trading companies, in which they commit to not buying soy from areas deforested in the Amazon after July 2008. The Supreme Federal Court (STF) is judging a lawsuit filed by the PCdoB, PSOL, PV, and Rede parties. These parties are requesting the suspension of a Mato Grosso state law that prohibits granting tax benefits to companies that signed the agreement.<\/p>\n
Last December, Fl\u00e1vio Dino granted the parties' request and suspended the law on a preliminary basis. In April of this year, he reconsidered the decision, establishing that the rule would come into effect on January 1, 2026.<\/p>\n
On November 5th, Flavio Dino ordered the nationwide suspension of all proceedings, including those investigating possible cartel formation at CADE (Brazil's antitrust agency). He stated that, in respect for the principle of legal certainty, he did not consider it appropriate to allow the debate on the Soy Moratorium to continue in ordinary jurisdictional or administrative instances, given the possibility of conflicting decisions and disagreements with the understanding to be established by the STF (Supreme Federal Court). \u201cIn the same ruling, Flavio Dino also recognizes the right of federative entities to establish rules for granting tax benefits, which, in practice, would imply that states could withdraw benefits from signatory companies, something that remains debatable at the infraconstitutional level regarding form, reasonableness, and other issues,\u201d says Favacho, adding: \u201cIn any case, this comes at an important moment, when the whole world is watching the good environmental practices of Brazilian agribusiness.\u201d<\/p>\n<\/div>\n