IMPOSTO SELETIVO: REFLEXÕES A PARTIR DA PERSPECTIVA DO CONTROLE DA EXTRAFISCALIDADE

The present study aims to investigate the selective tax by analyzing its normativestructure, as well as the constitutional control methods applicable to this type of tax.To this end, an analysis was conducted on the selective tax established by Constitutional Amendment No. 132/2023, examining its main aspects, such as thescope of normative incidence, the breadth of the term "harmful to health and theenvironment," and its extrafiscal nature and purpose. Additionally, a comparativeanalysis with other legal systems was carried out to understand how this type of tax isutilized in other countries. Following this analysis, the criteria for controlling extrafiscalnorms through equality and proportionality were addressed, aiming to establish acriterion to be observed when the selective tax, as an extrafiscal tax, undergoesconstitutional control and verification.

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Publication Details

Journal
Revista de Direitos Fundamentais e Tributação.
Published
2024-11-04
DOI
https://doi.org/10.47319/rdft.v7n2.97
Primary Topic
Physical Education and Sports Studies
Type
article
Field-Weighted Citation Impact
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article

IMPOSTO SELETIVO: REFLEXÕES A PARTIR DA PERSPECTIVA DO CONTROLE DA EXTRAFISCALIDADE

Diogo Vidor, LBR Bernardes
Revista de Direitos Fundamentais e Tributação.
Physical Education and Sports Studies
article

IMPOSTO SELETIVO: REFLEXÕES A PARTIR DA PERSPECTIVA DO CONTROLE DA EXTRAFISCALIDADE

Diogo Vidor, LBR Bernardes
article en

Abstract

The present study aims to investigate the selective tax by analyzing its normativestructure, as well as the constitutional control methods applicable to this type of tax.To this end, an analysis was conducted on the selective tax established by Constitutional Amendment No. 132/2023, examining its main aspects, such as thescope of normative incidence, the breadth of the term "harmful to health and theenvironment," and its extrafiscal nature and purpose. Additionally, a comparativeanalysis with other legal systems was carried out to understand how this type of tax isutilized in other countries. Following this analysis, the criteria for controlling extrafiscalnorms through equality and proportionality were addressed, aiming to establish acriterion to be observed when the selective tax, as an extrafiscal tax, undergoesconstitutional control and verification.

Revista de Direitos Fundamentais e Tributação.Vol. 7(2)
Pontifícia Universidade Católica do Rio Grande do Sul (BR)
Peace, Justice and strong institutions
Openalex Percentile: Top 69%
Physical Education and Sports Studies
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