Você está visualizando atualmente O que é o princípio da Legalidade Tributária

O que é o princípio da Legalidade Tributária

O ramo tributário é composto por diversos princípios e o Princípio da Legalidade Tributária é um dos mais importantes. Já que o princípio da legalidade constitui limitação ao poder de tributar; portanto, é uma garantia concedida pela Constituição Federal ao contribuinte, de forma a protegê-lo contra os arbítrios do Estado.

O Princípio da Legalidade está previsto no art. 150, I, da Constituição Federal:

É vedado à União, Estados, Distrito Federal e Municípios exigir ou aumentar tributo sem lei que o estabeleça. Exigir significa instituir, criar.

 Ele é derivado do princípio da legalidade contido no art. 5º, II da Constituição que determina que somente a lei pode obrigar alguém a fazer ou deixar de fazer algo. Logo, somente a lei pode obrigar a pagar um tributo.

 Analisando o art.150, I, da Constituição Federal é possível compreender que sua aplicação alcança qualquer tributo. Sendo assim, esses tributos podem ser: impostos; taxas; contribuições de melhoria; contribuições especiais; empréstimos compulsórios.

 Como também, a previsão se refere tanto à exigência (ou instituição) quanto ao aumento.

 Além disso, o Princípio da Legalidade Tributária impõe a necessidade de Lei em sentido estrito (Lei Ordinária ou Lei Complementar). Dessa forma, obedece aos critérios formais e materiais, ou seja, a que é elaborada pelo Poder competente, que segue todo o rito constitucional e que dotada de generalidade e abstração.

Fontes: https://www.jusbrasil.com.br/artigos/voce-conhece-o-principio-da-legalidade-tributaria/318558432#:~:text=Princípio%20da%20Legalidade%20(art.,Exigir%20significa%20instituir%2C%20criar.

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