Clipping of news on Brazilian Culture, Law and Citizenship
02/19/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
transparent image
The Order of Lawyers of Brazil ( OAB ) will come later this month with shares in the Federal Supreme Court ( STF ) to request the change of the shape correction of Income Tax for Individuals table , reported the national president of the organization , Marcus Vinicius Furtado Coêlho .
The Federal Council of the OAB last week approved the filing of the suit and now the entity concludes the paper to be submitted to the Supreme Court . Once filed , the action will be distributed to some of the ministers acting as rapporteur . The magistrate will be responsible for listening to stakeholders , prepare a report and release the theme for the plenary trial .
The action of OAB in the case of income tax will question the application of the Reference Rate ( TR ) from 1999 as a criterion for defining who is entitled to exemption and to lay the tracks to pay the tax .
The organization wants the Supreme determine , from 2014 , a correction table based on inflation . As president of the OAB , the application of TR generated a gap of 60 % in the bands of payment of tax.
One of the arguments of the OAB to change the shape correction of the income tax table will be a decision made in March last year by the Supreme Court , which ruled illegal TR to correct inflationary losses in writ securities ( debt that the government issues to pay who wins in court cases against the government ) .
The same judgment of the Supreme Court on writ also served as the basis for action Solidarity Party , presented this week , who asked suspending the use of RT in the restatement of the Guarantee Fund for Time of Service ( FGTS ) .
" In the case of the writ , the Supreme Court ruled that the TR is unconstitutional because it fails to maintain the value of the credits . Confiscation That means a State in relation to the right of the citizen , like the thesis in relation to income tax . for 15 years , the citizen who earned up to six minimum wages paid no income tax . Today , this level is in two and a half times the minimum wage . then a gap of 60 % in 15 years, "said Furtado Coêlho .
The OAB will also propose that the Supreme create a rule , the " modulation " of the effects of the decision to spare taxpayers from losses since 1999 until now , so that does not result in " severe impact " to the public coffers .
" We must ask the modulation of the effects that the late period is recomposed in installments over the next ten years as the Union is proposing the Fiscal Auditors of the Treasury - from this year have the full indexation each year , and the liability is fixed at the base 10% per year over the next ten years , so there is no serious impact on public accounts . "
Source : g1
Our news are taken in full from our partner sites . For this reason , we can not change their content even in cases of typos .
This article was translated by an automatic translation system, and was therefore not reviewed by people.