01. Introdução ao Direito Tributário
01. Introdução ao Direito Tributário
01. Introdução ao Direito Tributário
Campus XX
CURSO DE DIREITO
RESUMO
Vitória Ludmila
Tanque Novo
2024
RESUMO
The main theme of this paper is an Introduction to Tax Law, addressing three main
points: a) a historical note on Tax Law, b) the location of Tax Law within the Brazilian legal
system, and c) the concept of Tax Law and its distinction from Financial Law. The general
objective of this paper is to provide an introductory but comprehensive overview,
highlighting its historical and functional importance within the Brazilian legal system. It also
addresses the historical evolution of Tax Law, which is directly linked to the development of
societies, with tax collection being essential for financing state activities since the earliest
civilizations. In Ancient Egypt, for example, farmers were required to pay taxes to the
Pharaoh on their crops, demonstrating one of the first forms of organized taxation. In Greece,
around the 7th century BC, the first taxes administered by the State emerged, with
characteristics that already resemble the current system. In Rome, taxes on imports, known as
"portorium", and on the consumption of goods, called "macelum", stood out, highlighting the
central role of taxation in the economic and social organization of these civilizations. In
Brazil, the tax system evolved from the colonial period until the enactment of the Federal
Constitution of 1988, which brought about a significant restructuring. Included in Public
Law, specifically in Financial Law, Tax Law regulates the relations between the State (tax
authorities) and taxpayers, and is regulated mainly by the Federal Constitution, the National
Tax Code (CTN) and specific legislation. The 1988 Constitution is the main document that
organizes and limits the power to tax, ensuring fundamental rights to taxpayers and
distributing tax powers among the Union, states and municipalities. It deals with taxation in a
generic way, with the CTN being a complementary law, responsible for detailing the types of
taxes, including duties, fees, improvement contributions and compulsory loans. The
constitutional tax system is contained in Title VI of the Constitution (articles 145 to 169),
which defines the main bases for taxation and the limitation on the power to tax, such as
respect for the taxpayer's economic capacity. Tax Law is closely related to Constitutional
Law, especially with regard to the protection of individual rights. Finally, Tax Law is a sub-
branch of Financial Law, focusing exclusively on taxation, while Financial Law is broader,
encompassing the entire management of public resources, including revenues, expenses,
budget and public debt. Tax Law, therefore, focuses on the regulation, collection and
monitoring of taxes, while Financial Law deals with the financial management of the State as
a whole.
JUSBRASIL. Introdução ao direito tributário. Disponível em: https ://www .jusbrasil .com .br
/artigos /introducao -ao -direito -tributario /845208295 . Acesso em: 12 set. 2024.
JUSBRASIL. Introdução ao direito tributário. Disponível em: https ://www .jusbrasil .com .br
/artigos /introducao -ao -direito -tributario /1735671471 . Acesso em: 12 set. 2024.