In April 2015, Decree No. 8,426 was published, which revoked Decrees No. 5.164 / 2004 and 5,442 / 2005, increasing PIS and COFINs on financial revenues from 0% to 4.65%. This decree was partially revoked, a month later, by Decree No. 8,451, which maintained the zero rate in respect of export-linked revenue to the oscillation of debt value linked to the exchange rate and hedge operations.

However, the aliquots of 0.65% (PIS) and 4% (COFINS) were maintained on other financial income, such as: Financial applications in general, S WAP and values ​​receivable to exchange variation or legal or contractual indexes.

In the face of such a scenario, several companies have entered judicial measures, aiming to discuss formal unconstitutionality in the requirement of such contributions about their financial revenues. The main foundation of the actions being joined is the violation of the principle of legality, considering that only the law could maintain the rates of contributions to PIS and COFINS.

In addition to infringement of the principle of legality, the executive power, to raise the rates of contributions to PIS and COFINS by decree, extrapolated its limits of competence, with a view to endangered, violated, , the principle of separation of powers, according to which the legislative, executive and judiciary powers are independent and harmonious among them.

Considering that the discussion is recent, there is still no concrete and peaceful position of the Judiciary in relation to matter. However, the tesis of taxpayers is well grounded, in the face of the unconstitutionalities mentioned.