Controle jurídico dos incentivos fiscais

This paper focuses on the legal control instruments of tax incentives, based on a functional analysis of Tax Law. To achieve that, it proposes a return to the origins of Tax Law, that is born within the Science of Finance and whose main role is to regulate the mean to provide public requirements. Ba...

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Bibliographic Details
Author: Pinho, Mariana Corrêa de Andrade
Format: master thesis
Status:Published version
Publication Date:2017
Country:Brasil
Institution:Pontifícia Universidade Católica de São Paulo (PUC-SP)
Repository:Repositório Institucional da PUC_SP
Language:Portuguese
OAI Identifier:oai:repositorio.pucsp.br:handle/20762
Online Access:https://tede2.pucsp.br/handle/handle/20762
Access Level:Open access
Keyword:Direito Tributário
Incentivos fiscais
Política tributária - Brasil
Tax Law
Tax incentives
Fiscal policy - Brazil
CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
Description
Summary:This paper focuses on the legal control instruments of tax incentives, based on a functional analysis of Tax Law. To achieve that, it proposes a return to the origins of Tax Law, that is born within the Science of Finance and whose main role is to regulate the mean to provide public requirements. Based on this premise, it critically addresses the current legal framework of tax incentives and the implications of applying the principle of equality in the extrafiscality. Therefore, the intermediate chapters are devoted to the principle of equality, to the notion of extrafiscality and to the concept of tax incentives. At last, discusses the need to combine the legislative discretion regarding tax benefits with the legal control instruments, especially those resulting from the application of the principle of proportionality