Post by firoj1313 on Feb 12, 2024 9:51:12 GMT
Charging a public security fee for issuing certificates is unconstitutional. The device, which is part of the Amazonas tax code, was assessed by the Federal Supreme Court, which judged the Direct Unconstitutionality Action filed by the Attorney General's Office to be valid. The rule is part of Complementary Law 19, of December . The author maintains that the provision offends subparagraph “b”, of item XXXIV, of article 5, of the Constitution of the Republic, according to which everyone is guaranteed, regardless of the payment of fees, obtaining certificates from public offices to defend rights and clarify situations of personal interest.
For the prosecutor's office, the constitutional provision establishes a type of tax immunity that extends not only to taxes, but to fees and contributions. “The constitutional guarantee of free access to certificates for the defense of rights and clarification of situations of personal interest is located in the area of individual rights and is changeable, therefore, in accordance with the provisions Finland Email List contained in article 60, paragraph 4, item IV of the Constitution.ended up establishing a kind of tax immunity and, in this way, prevented any exaction that may have based on the provision by the public authorities of certificates aimed at defending the two subjective legal situations, that is, defending rights and clarifying situations of personal interesthe maintained.
For Minister Cármen Lúcia, charging this fee becomes “a dangerous precedent because it begins to create a series of burdens for the citizen on the fee title”. Minister Cezar Peluso highlighted that the Amazonian law “is establishing a fee in a situation that is neither service provision nor public security”. According to Minister Marco Aurélio, “the presumption is that anyone who goes to a public sector to obtain a certificate aims to protect personal interest and the reference to interest concerns clarification”.The second woman to assume the direction of one of the first labor courts established in the country, Doris stated that she intends to develop initiatives that consolidate the Labor Court as a body for social pacification.
For the prosecutor's office, the constitutional provision establishes a type of tax immunity that extends not only to taxes, but to fees and contributions. “The constitutional guarantee of free access to certificates for the defense of rights and clarification of situations of personal interest is located in the area of individual rights and is changeable, therefore, in accordance with the provisions Finland Email List contained in article 60, paragraph 4, item IV of the Constitution.ended up establishing a kind of tax immunity and, in this way, prevented any exaction that may have based on the provision by the public authorities of certificates aimed at defending the two subjective legal situations, that is, defending rights and clarifying situations of personal interesthe maintained.
For Minister Cármen Lúcia, charging this fee becomes “a dangerous precedent because it begins to create a series of burdens for the citizen on the fee title”. Minister Cezar Peluso highlighted that the Amazonian law “is establishing a fee in a situation that is neither service provision nor public security”. According to Minister Marco Aurélio, “the presumption is that anyone who goes to a public sector to obtain a certificate aims to protect personal interest and the reference to interest concerns clarification”.The second woman to assume the direction of one of the first labor courts established in the country, Doris stated that she intends to develop initiatives that consolidate the Labor Court as a body for social pacification.