Prior need of exhaustion of administrative level to characterize the art of the offense. 2 , i , of Law 8,137 / 90

Authors

  • Rodrigo José Mendes Antunes State University of Londrina

DOI:

https://doi.org/10.5433/1980-511X.2006v1n3p153

Keywords:

Crime against the tax order, Administrative final release, legal, Tribute, normative element .

Abstract

This is study through which it seeks to draw attention danecessidade of prior final decision of the tax authorities in queconcerne the payment of tribute, not only to the configuration of art crimesmateriais . 1 of Law 8,137 / 90 , but also for formaisprevistos crimes in art. 2 of Law of Crimes Against the Tax Order, emespecífico art. 2, I, the law on screen , because it contains the legal mesmanatureza the aforementioned article 1 , requiring that - at least - to ainstauração the police investigation or criminal proceedings , have dotributo existence , which should be " made " by the competent authority .

Author Biography

Rodrigo José Mendes Antunes, State University of Londrina

Lawyer. Specialist in Criminal Law and Criminal Procedure of the State University of Londrina.

Published

2006-12-15

How to Cite

Antunes, R. J. M. (2006). Prior need of exhaustion of administrative level to characterize the art of the offense. 2 , i , of Law 8,137 / 90. Revista Do Direito Público, 1(3), 153–168. https://doi.org/10.5433/1980-511X.2006v1n3p153

Issue

Section

Artigos