Os débitos inscritos em dívida ativa e a deliberação CVM nº 489/2005

Abstract

This paper has an special kind of liability or receivable as its focus. When a debt is not paid to a Government body after the expiration of the time allowed for the payment, the amount is subject to be booked under legal procedures provided by law. This debt can be originated from unpaid taxes. Due to the relevance of this source this paper is focused on it. But all the unpaid debts are subject to be collected by judicial means: the only requirement is to be properly registered by the authority. In the Federal level of Government this power is granted to the Federal Treasure General Attorney. All the circumstances grant to this kind of debt a presumptuous liquidness and certainty. It requires some attention the process one translates a word, or an idea. To write this abstract avoiding a free translation to Dívida Ativa was desirable. Even in Portuguese this combination of two antagonistic words is criticized when taking into accounting purposes. One word means liability while the other could means asset. But all these questions related to translation issues tend to be relevant when two different legal systems are involved. And problems can arise if these differences are not take into consideration and a simple translation is adopted. This situation is what we can see in Brazil when the standards issued by Brazilian Authorities are simple copies of the international similar; the subject of this paper is the Brazilian equivalent to IAS 37. And Brazilian environment demands a special attention to its huge tax matters. So combining the main ideas about Dívida Ativa in light of what that standards prescribe, some Financial Statements were studied. Thus in some of them no evidence of the existence of the debt was given