Extra-legal Consequentialism in Decisions against Taxpayers

too Many Scarecrows for Few Crows?

Authors

  • José Maria Arruda de Andrade

Keywords:

consequentialism, consequentialist arguments, argumentation theory, Toulmin layout

Abstract

The present article aims to discuss if the rulings of Brazilian Federal Supreme Court, when unfavorable to taxpayers, are based on consequentialist arguments. The interpretation of judicial decisions, for research matters, and the theory of argumentation itself must privilege formalized arguments, in order to not confuse side arguments, of context and erudition, with those determinants to the constitution of the rule-decision.

Published

2023-03-21

How to Cite

Andrade, J. M. A. de. (2023). Extra-legal Consequentialism in Decisions against Taxpayers: too Many Scarecrows for Few Crows?. Revista Direito Tributário Atual, (48), 687–707. Retrieved from https://revista.ibdt.org.br/index.php/RDTA/article/view/1859

Issue

Section

Doutrina Nacional (Not Peer Reviewed)