ALESC Agency | Supply of cannabidiol-based medicines has a favorable opinion in Finance

Meeting this Wednesday morning (24), the Finance and Taxation Committee presented a favorable opinion to Bill (PL) 414/2021, which makes it mandatory for the State Department of Health (SES) to supply medicines to cannabidiol (CBD) base for the treatment of debilitating medical conditions. The proposal is an initiative of deputy Paulinha (Podemos) and includes additions of similar proposals, such as PL 7/2023, by deputy Padre Pedro Baldissera (PT); PL 33/2023, by deputy Volnei Weber (MDB); and PL 413/2023, by deputy Marquito (Psol).

According to the text, to be made available, medicines must be prescribed by a doctor qualified under the terms of the National Health Surveillance Agency (Anvisa) and the Federal Council of Medicine (CFM). It will be up to SES to define the administrative procedures to regulate the availability of products.

The approval of the matter followed the opinion presented by deputy Jessé Lopes (PL), in a seen vote. “I did not see any financial-budgetary obstacles to the continuation of the processing of the law proposed here, since the matter will not trigger a burden on the Treasury”, he argued.

He also maintained the global substitute amendment presented within the scope of the Constitution and Justice Commission, which regulates the availability of cannabidiol for situations authorized by the CFM and also expands the list of comorbidities for which the drug can be made available by the State.

The opinion had the abstention of deputy Lucas Neves (Podemos). The next stage in processing the matter is the Health Commission.

Prohibition of the sale of “anticio”
Unanimously, PL 221/2023 was approved, initiated by deputy Delegate Egídio (PL), which provides for the prohibition of the sale of medicines called “anticio” for domestic or domesticated canine and feline species within the state. The text defines “anticio” as a medicine, whether injectable or not, produced based on hormones that act on the endocrinological system, with the aim of inhibiting heat in canine and feline animal species.

In the justification that accompanies the project, the author highlights the possible harm caused by such products. “It should be noted that these medications, in addition to not being 100% effective, considerably increase the chance of developing various malignant tumors, and may even cause anomalies in puppies.”

The prohibition on commercialization extends to establishments selling animal products, pet shops, veterinary clinics and hospitals or any other specialized or not in the field located in the state. Medication prescribed by a veterinarian and used in accordance with the prescription is excluded. In case of non-compliance with the provisions, fines and criminal, civil and administrative sanctions are provided for, applicable to the establishment and its legal guardians.

In the approved opinion, the rapporteur, deputy Mário Motta (PSD), defended the adequacy of the matter. “It appears that the proposed provisions only accentuate the prohibitive nature of the proposition. Therefore, regarding the aspects of mandatory compliance by this collegiate, I see no obstacle to the regular processing of the matter in this Parliament.”

The project is still being analyzed by the Economy, Science, Technology and Innovation committees; and Tourism and Environment.

Exemption from ICMS on vehicles purchased by PCD
PL 201/2023, by deputy Napoleão Bernardes (PSD), which changes the rule for exemption from ICMS on the purchase of vehicles by people with disabilities (PWD), will go to the plenary, with a favorable opinion from the Finance Committee. Following a resolution from the National Council for Financial Policy (Confaz), the project maintains the value of the ICMS exemption already in force, at R$70 thousand, but increases the value of the car on which the benefit can be used to R$100 thousand.

In his opinion, deputy Lucas Neves argued that the content of the project reaffirms what is already provided for in State Law 18,810/2023 and State Decree 511/2024. “The proposal will provide greater legal security to people with disabilities in enjoying the tax benefit, since the right will be established by law and not by act of the Head of the Executive Branch, which can be reviewed at any time.”

At another point, he also declared that the measure “does not imply financial or budgetary repercussions” for the State and is “compatible and appropriate to the current budgetary elements”.

Import from Paraguay
Provisional Measure (MP) 262/2024, from the State government, was admitted, which changes rules relating to ICMS. The initiative deals with the granting of tax benefits to goods or merchandise originating from member countries or associated with Mercosur that enter Brazil by land.

Current legislation conditions access to ICMS-related benefits to the entry of goods through dry ports or customs zones located in Santa Catarina, but excludes products imported from Uruguay from this obligation. With the provisional measure, this rule also applies to goods from Paraguay. The reason, according to the Secretary of State for Finance, Cleverson Siewert, is the obstacles at the dry port of Dionísio Cerqueira.

“After the start of operation of the dry port of Dionísio Cerqueira, there was a great logistical difficulty for the entry of cargo from Paraguay to be carried out through the dry port, since this requires vehicles to first enter through Argentine territory , are subjected to all customs procedures in the neighboring country, with fees charged, and only then enter Brazil through the municipality of Santa Catarina.”

The matter was considered without financial or budgetary obstacles, according to the opinion presented by deputy Lunelli (MDB). “In theory, there is no incidence of any infraction or impact on budgetary or financial aspects. It is also noted that the feat does not incur any hypothesis or case of tax benefit or revenue waiver, since the proposition aims to regularize the logistical difficulty of entering cargo from Paraguay, a situation that is making the operation unfeasible and harming the state’s economy.”

The text goes to the plenary for deliberation, in the form of a Bill for Conversion into Law.

Stateization of a section of the SC-455 highway
Following a favorable opinion from deputy Lucas Neves, PL 66/2024, from deputy Mauro De Nadal (MDB), was accepted, which provides for the stateization of the 32 km stretch of the SC-455 highway, which connects the municipalities of Abdon Batista and Campos Novos .

In the justification that accompanies the project, the author states that the measure “will enable a greater application of resources to implement safety measures, such as installation of adequate signage, improvements in track conditions, construction of shoulders and implementation of safety devices, such as barriers protection and radars.”

The next steps in processing the matter are the Labor, Administration and Public Service committees; and Transport, Urban Development and Infrastructure.

Mobile blood collection
The deputies who make up the Finance Committee expressed their support for PL 183/2023, by Congressman Oscar Gutz (PL), which establishes the Vida em Movimento program with the aim of carrying out itinerant blood collection in the state. According to the text, the program will be managed by the Executive Branch, with blood collection taking place periodically in all regions of the state, considering the identified demand and the availability of resources.

The body responsible for operationalizing the program must produce a report every semester evaluating the effectiveness of the actions developed and the quality of the service provided, as well as the need to implement improvements.

The matter, which was reported by deputy Ivan Naatz (PL), now goes to the Health Committee.

Use of cut trees
Finally, PL 294/2023, authored by deputy José Milton Scheffer (PP), was approved, which includes a single paragraph to article 124 –G of the State Environmental Code (Law 14,675/2009). The objective of the initiative, according to the author, is to “reduce bureaucracy and facilitate” the use of woody material from the cutting of trees located in urban areas or at risk of falling, documented by Civil Defense.

In this way, the project aims to allow the owner of the area to use the material without the need for an environmental licensing process and the payment of fees.
The rapporteur of the matter, which is also on the agenda of the Labor and Tourism committees; it was deputy Fernando Krelling (MDB).