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Dissertação

Responsabilidade solidária e a deformação do conceito de interesse comum à luz do parecer normativo n º4/2018

Ferreira, Alex Sandro Sarmento

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Resumo

The present work seeks to identify the limits of the joint and several liability, of what is commonly referred to as the doctrine and jurisprudence as an economic group, due to the common interest in the situation that constitutes the event that generates the main obligation, under the terms of article 124, I of the CTN. The Normative Opinion Cosit/RFB 4, of November 10th, 2018, revived the debate regarding the application of joint and several liability, when it was found that legal entities jointly committed an illegal act (fraud, bad faith, simulation, also understood as personality abuse, characterized by deviation of purpose or patrimonial confusion). The work addresses concepts of passive subjection, responsible taxation and the role of the complementary law within the institution of tax liability rules. We have advanced in the concept of the economic group and the inappropriate use of the expression “irregular economic group”. The project refers to the view of the Public Treasury of what would be a common interest in the situation that constitutes the triggering event of the main obligation, according to the Normative Opinion Cosit/RFB 4/2018, and the interpretation that we believe to be the most appropriate, in the sense that the expression does not include the illegal act. Finally, we identified some illegal acts and what solutions already exist in the normative system, in order to assign responsibility to that legal entity that has practiced the illegal act.

Ficha do documento

Tipo
Dissertação
Ano
2021
Instituição
Fundação Getulio Vargas
Idioma
Português
Acesso
Acesso aberto
Identificador
oai:repositorio.fgv.br:10438/30895

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