SOCIAL AND ENVIRONMENTAL JUSTICE: NOTES FROM THE PERSPECTIVE OF TAX NEUTRALITY IN THE EXTRAORDINARY APPEAL RE 773992/BA IN FRONT OF ADVANCES AND CHALLENGES IN THE LIGHT OF ECONOMIC AND SOCIAL DEVELOPMENT IN BRAZIL

Authors

  • Francisco das Chagas Sampaio Medina University of Fortaleza
  • Marcus Cristian de Queiroz e Silva University of Fortaleza

DOI:

https://doi.org/10.5281/zenodo.8374298

Keywords:

Environment, Taxation, Tax Neutrality, Contributory Capacity, Fundamental rights.

Abstract

The present work aims to analyze the performance of the Federal Supreme Court – STF in the ruling RE 773992/BA in relation to tax neutrality from the perspective of free competition in the face of advances and challenges in defense of socio-environmental justice through extra-fiscality. Their specific objectives were to investigate, in accordance with the STF's decision in RE 773992/BA, the prospects for a new fundamental right guaranteeing the construction of a sustainable world bringing a social order, to analyze the possibilities of the existence of a coherent thesis established by the STF in the judgment RE 773992/BA, which address the contributory capacity in light of the polluter pays principle and evaluate, through the STF's paradigmatic decision in RE 773992/BA, the conduct used in relation to the contributory capacity, free competition and the advances and challenges in defense of socio-environmental justice through extra-fiscality. Thus, it becomes relevant to discuss the perspective of tax neutrality in Brazil in accordance with the STF's position in the emblematic judgment. The methodology used: descriptive-analytical. Regarding the type: bibliographic, including scientific articles, theses and documents on official websites. Regarding nature: qualitative, as it tries to verify the issue of human behavior. As for the purposes, describe, analyze, classify and interpret the facts relating to the problem presented.

Downloads

Download data is not yet available.

Author Biographies

Francisco das Chagas Sampaio Medina, University of Fortaleza

PhD student in Constitutional Law from the University of Fortaleza-UNIFOR, Master in Constitutional Law from the University of Fortaleza-UNIFOR, Specialist in Tax Law and Process from the Anhanguera University UNIDERP, Lawyer and Accountant. Assistant Professor 5 at the University of Fortaleza - UNIFOR

Marcus Cristian de Queiroz e Silva, University of Fortaleza

Master's student in Constitutional Law at the University of Fortaleza - UNIFOR. Specialist in Criminal Procedure from the University of Fortaleza - UNIFOR. Specialist in Civil Procedure from the Superior School of Judiciary of the State of Ceará - ESMEC. Effective Member of the Legal Education Commission of the Brazilian Bar Association - OAB/CE. Legal Attorney of the Fortaleza Inspection Agency - AGEFIS

Published

2023-09-26