CASTING VOTE IN THE CARF: CONSIDERATIONS ON ITS UNCONSTITUTIONALITY AND ILLEGALITY

Authors

Keywords:

PARITY, IN DUBIO PRO CONTRIBUINTE (TAXPAYER), LEGALITY PRINCIPLE, CARF (BRAZILIAN ADMINISTRATIVE COUNCIL OF TAX APPEALS), CASTING VOTE

Abstract

The purpose of this work is to present some considerations regarding the un-constitutionality and the illegality of the casting vote applied within the Brazilian Administrative Council of Tax Appeals. The article aims to identify and analyze the conflicts detected between the casting vote and provisions extracted from three levels of the legal system, namely, the Federal Constitution, Complementary Law and Ordinary Law.

Author Biography

Maria Eugênia Mariz de Oliveira

Advogada em São Paulo.

Published

2020-05-01

How to Cite

Oliveira, M. E. M. de . (2020). CASTING VOTE IN THE CARF: CONSIDERATIONS ON ITS UNCONSTITUTIONALITY AND ILLEGALITY. Revista Direito Tributário Atual, (45), 732–760. Retrieved from https://revista.ibdt.org.br/index.php/RDTA/article/view/1208

Issue

Section

Teses de Láurea