The extrafiscality tax as instrument of environmenta protection

Authors

  • Jordana Viana Payâo Universidade de Marília - UNIMAR
  • Maria de Fátima Ribeiro Universidade de Marília - UNIMAR

DOI:

https://doi.org/10.5433/1980-511X.2016v11n3p276

Keywords:

Sustainable development, Extrafiscality, Environment.

Abstract

The protection of the environment and the quest for sustainable developments is a global priority in terms of public policy. Moreover, rampant economic growth produced irreparable environmental degradation, affecting the survival of this present generation and limiting the survival of future generations. Therefore, this tax policy comes as an effective internal tool to combat practices that are detrimental to the environment and encourages sustainable development in its extrafiscality facet, which aims for the restriction of taxpayers’ harmful behaviors with tax benefits and incentives. Thus, it balances the modulation of the Economic Order with the reconciliation of the environment and the economy. Furthermore, Brazil has a robust system able to produce the desired effects on the fastly emerging environmental degradation. In addition, the main object or central focus of this study is the analysis of the State’s performance, with the public tax policies aimed at sustainable developments, which adheres to the mechanisms of extrafiscality. This paper’s method of approach is the deductive method: beginning with the analysis of the fundamental right to the environment in the Federal Constitution. However, this research also uses bibliographical and jurisprudential analyses.

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Author Biographies

Jordana Viana Payâo, Universidade de Marília - UNIMAR

Master's degree in Law from the University of Marília-Unimar, a fellow from CAPES / PROSUP, lawyer.

Maria de Fátima Ribeiro, Universidade de Marília - UNIMAR

She holds a law degree from the State University of Londrina (1978), a master's degree in Legal Sciences from the Pontifical Catholic University of Rio de Janeiro (1983) and a doctorate in Law from the Pontifical Catholic University of São Paulo (1993). She is currently elected vice-president 2009-2011 of the Tax Law Institute of Londrina, a professor at the Faculty of Management Sciences of Dracena, a guest professor at the State University of Londrina and a full professor at the University of Marília. Coordinator of the Master's Program in Law at UNIMAR.

Published

2016-12-23

How to Cite

Payâo, J. V., & Ribeiro, M. de F. (2016). The extrafiscality tax as instrument of environmenta protection. Revista Do Direito Público, 11(3), 276–310. https://doi.org/10.5433/1980-511X.2016v11n3p276

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Section

Artigos