The crisis of the Law and a strategy for its overcoming: the example of the fiscal foreclosures

被引:0
|
作者
Becho, Renato [1 ]
机构
[1] PUC SP, Sao Paulo, Brazil
来源
关键词
state crisis; a crisis of tax foreclosures; unsuccessful public strategies; limitation periods; strengthening of the Democratic Rules of Law;
D O I
10.9732/P.0034-7191.2018V117P477
中图分类号
D0 [政治学、政治理论];
学科分类号
0302 ; 030201 ;
摘要
In a context of various crises in the country (political, economic, ethical, legal), this article aims to present a specific, that of tax foreclosures, which is well documented and can exemplify the others. Here it is argued that a part of it come from a strategy of public authorities to extend indefinitely such judicial actions, although contrary to clear legal precepts. However, the results are not favorable even from an economic point of view. To develop that argument, it was sought to use traditional but interdisciplinary dogmatic sources, creating the right environment to study legislation and jurisprudence of regency, notably a relevant decision of the Superior Court of Justice. In it, previous parameters have abruptly ceased to be applied, which is typical of a troubled time. In this environment, it was identified how the attorneysin-fact, as public advocates, can be fundamental in overcoming the crisis. The conclusion reached is the strategy of giving greater legal security, valuing the Democratic Rule of Law.
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页码:477 / 509
页数:33
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