Autor: Orlando Benedito de Souza
Bacharel em Direito pelo UNASP – Centro Universitário Adventista de São Paulo | Engenheiro Coelho-SP | Advogado membro da Seccional OAB/SP | Subseção: Mogi Mirim
RESUMO
Palavras-Chaves: Comércio Eletrônico, Direito Tributário, ICMS, CONFAZ, PROTOCOLO ICMS 21 de 2011, inconstitucionalidade.
ABSTRACT
Has occurred in recent years in Brazil a growing increase in e-commerce practice over the internet and this fact has relations with the ICMS that is a Brazilian tax on the circulation of goods, interstate and intercity transportation and communication services; state value-added tax on the circulation of goods, interstate and intercity transportation and communication services; This legal monograph is an analysis of the sources of tax law and the constitutional principles that regulate the ICMS which is a tax regulated by the Federal Constitution of 1988, but the competence owners is Federation Member States that use this Brazilian tax to generate income by its incidence. It also analyzes a response to the growth of e-commerce in Brazil that the CONFAZ – Brazilian National Council of Treasury Policy held to conclude a tax agreement between some of the Federation Member States which was promulgated by publication of ICMS Protocol 21, 2011 because this protocol changed the way that final consumers were taxed in operations involving ICMS, this protocol was declared unconstitutional by the Supreme Court, through the ADI 4628 / DF. This paper explores some of the reasons for the declaration of unconstitutionality of the ICMS Protocol 21, 2011 by the way that changed the form that end consumers are taxed by the transactions of circulations of goods and services.
Key Words:e-commerce, state excise tax, ICMS, CONFAZ, PROTOCOL ICMS 21 of 2011.
Versão Completa em PDF: A (In)constitucionalidade do Protocolo de ICMS 21 de 2011