- 79 - 36(...continued) of--were the state of Parana the recipient of the interest on which the union would claim a tax, I would recognize the immunity. However, we are in a different situation in this case in which the recipient of the interest is a third party, and in this case the immunity does not apply. Q. I wasn't particularly talking about the * * * [Parana I--1st Panel and Parana I--Full Bench decisions]; I was talking about some of the other cases we discussed. A. Oh, the other, the two, I would say they should be approached with two qualifications. The first one is that they all concern, except for one, Resolution 63 loans, which is a different thing. And most important in that, none of these loans which were dealt with in these other cases were import financing; they were all, the three or the five of them, if you compute all of them, straightforward currency loans. And as we were discussing yesterday, the Decree Law 401, which the court applied or argued in all these cases, only * * * [applies] to import financing and not to currency loans. That's the two main reservations or qualifications that apply to these precedents of the Supreme Court. Q. So you acknowledge that the Supreme Court cases we discussed yesterday did not involve import financing, correct? A. Yes. In the--my--the main criticism they may be subject to is that although they do not involve import financing, they apply one legal provision which applies only to import financing. That's the big contradiction of these decisions, and that's their weak point. Q. That's the reason you think the decisions are wrong or you [are in] disagreement with them, right? A. Well, I disagree with them, yes. Sure. Q. Okay. (continued...)Page: Previous 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Next
Last modified: May 25, 2011