CFOAB challenges Tocantins property registration fees in Supreme Court

The Federal Council of the Brazilian Bar Association (CFOAB) has filed a Direct Action of Unconstitutionality (ADI 8019) with the Supreme Federal Court (STF) against specific provisions of a law in Tocantins. The legal challenge targets the state's system for charging notary and property registration fees (emoluments).

The CFOAB argues that the current rules, established by state law and local judicial regulations, unfairly multiply fees in property transfers involving multiple beneficiaries. The entity contends that the presence of several heirs or beneficiaries should not automatically trigger multiple registration fees unless distinct, legally autonomous transactions are actually occurring.

The action, distributed to Minister André Mendonça, asserts that the state law violates the federal government's exclusive authority to legislate on public records and general fee standards. Furthermore, the CFOAB claims the practice breaches principles of reasonableness, proportionality, tax equality, and the prohibition of confiscatory taxation.