Deveres instrumentais: regra matriz e sanções

• Autor(a) principal: Maricato, Andreia Fogaça
• Data de Publicação: 2009
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/8549
• topic: Dever instrumental; Regra matriz; Incidencia de impostos -- Brasil; Obrigacao tributaria -- Brasil; Proporcionalidade (Direito) -- Brasil; Razoabilidade (Direito) -- Brasil; Sancoes tributarias -- Brasil; Duty instrumental; Rule matrix; Tax penalties; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

A dissertation submit ted for completion of Masters in Law has as object the analysis of the instrumental rule array of duties and penal ties for i ts breach. To fulfill these goals, we need to go rule matrix of tax incidence, combined with the instrumental rule array of duties and penal ties for noncompliance rule matrix of instrumental duties. Several insertions of other legal rules than mat rices, such as establishing the amnesty, the forgiveness they maim the rule ar ray of tax incidence, such as tax exemptions and rules that establish the legal immunities. Our object of study is composed not only of analysis of the rule matrix of tax incidence and i ts relationship with the rule array of duties and with the instrumental rule matrix punishment for his failure, but of all the rules that direct or indirect y relate to duties to do or not to enforce the policy of taxes to taxpayers and responsible tax. For this, we take the law as a set of valid legal standards, which are materialized in the form of prescriptive listed. The mode is the right approach in interpreting such language, i.e., building the sense of texts. We set out a systematic interpretation of the instruments that prescribe the duties and penalties, to show how it gives the construction of their laws. Specifically, building the legal framework of obligations and instruments that typify the penal ties for i ts breach within the principles of lawfulness, reasonableness and proportionality in setting the limits imposed on entities tributantes. For this, each term semantic analysis that make such language, as well as the interpretation adopted by courts in relation to the constitution of each of the standards. The method adopted is the dogmatic, and the technique is the hermeneutic-analytical, trying to leave the work in the doctrinal line cal led logical-semantic constructivism