Lançamento tributário: vícios materiais e formais para fins do art. 173, II, do Código Tributário Nacional

Abstract

Based on the administrative procedure act, the present study has the objective to propose safe criteria (uniting the process of production act enunciationutterance and utterance-utterance) with internal and external aspects of the administrative procedure act in order to identify vices formal and material which may affect the assessment, if its formation does not occur under the regulations (vices as a result of disobedience of rules which discipline the normative process or the regulator rules of its substantial aspects). This is due to the fact that the administrative authority does not always promote the application of tax and legal rules within the strict legal limits. Moreover, in light of the established propositions, this study will consider that all vices which damage the act of tax assessment must be reported through the use of competent language, and can be identified in its own normative structure. The contribution of this study, as a formal vice, in terms of article 173, II of the National Tax Code, is that there is possibility that the Exchequer reassesses what causes some juridical uncertainty to tax payers, mainly for not having doctrinaire and jurisprudential consensus regarding which flaw of the administrative act assessment would indeed characterize a formal vice or material vice