The Civil House of the Presidency of the Republic forwarded Message 749/2023 to the President of the Senate, Rodrigo Pacheco (PSD-MG), communicating the reasons for the vetoes to Bill 3626/2023.
President Lula vetoed 3 paragraphs of the bill related to taxation of bettors and three articles about commercial promotions. Regarding the Income Tax to be applied to bettors, the reasons for the vetoes were as follows:
"The maintenance of paragraphs 1 and 3 of article 31 of the bill would lead to an Income Tax different from that verified in other lottery modalities, thus creating a distinction in tax conduct without motivating reason for it. Moreover, the maintenance of paragraph 2 of article 31 of the bill would also go against tax equality, as established in article 150, II, of the Federal Constitution, since it would bring a logic of Income Tax exemption that is inconsistent with the ordinary rules existing in the context of receiving prizes from lotteries in general, established by article 56 of Law No. 11,941, of 2008."
After the publication in an extra edition of the Official Gazette of the Union on December 30, of Law 14790/2023, with the vetoes, the Civil House complied with the constitutional deadline and sent the message to the Senate Presidency this Wednesday, January 3.
Therefore, the processing of the vetoes, as determined by the Federal Constitution, will have the following dynamics:
* The filing of the message with the Legislative Secretariat of the National Congress triggers the constitutional deadline of 30 calendar days for the veto to be deliberated by senators and deputies in a joint session (articles 57, § 3, IV, and 66, of the CF)
* According to the rules, once the records are published, the matter is ready for deliberation by the Plenary. After the 30-day period without deliberation, it is included in the order of the day and starts to suspend other deliberations until the final veto vote (article 66, §6, of the CF).
In view of these rules, the publication of the records, as determined by the Legislative Secretariat of the National Congress, will take place on February 8. The deadline for the vetoes to be voted on in the Plenary of Congress ends on March 3, also according to the Secretariat. After that, it starts to block the Agenda.
The convocation of the joint session is the prerogative of the President of the Senate, Rodrigo Pacheco, and for the rejection of the vetoes, an absolute majority of votes from deputies and senators is necessary, that is, 257 votes from deputies and 41 votes from senators, counted separately. If a lower number of votes for rejection is recorded in one of the Houses, the veto is maintained.
As soon as the vetoes are deliberated, the corresponding parts of the project are forwarded for promulgation by the President of the Republic, who has 48 hours to do so. If he does not do so within this period, it is up to the President of the Senate to promulgate the law.
Source: GMB
