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As Sanções Políticas Na Ordem Juridica Tributária Brasileira

2018, Revista de Estudos e Pesquisas Avançadas do Terceiro Setor

Abstract

In the scope of the Tax Law, the political sanctions are indirect measures adopted by the Public Administration to compel the taxpayers to the fulfillment of their tributary obligations. Although frequently adopted by the various spheres of government, these sanctions, when so characterized, are repudiated by doctrine and by the Judiciary. But some restrictive measures have been accepted by the judiciary on the grounds that they are not characterized by political sanctions. One of the most emblematic cases decided in Action Cautelar 1657-6-RJ, when the Federal Supreme Court (STF) maintained the cancellation of the special authorization for the manufacture and sale of cigarettes by a company that was in default. The Supreme Court's understanding was that such a measure did not characterize political sanction, since the company's default was an anticompetitive behavior that caused serious damages not only to the Public Treasury, but also to other competitors in the sector.