Post by account_disabled on Mar 12, 2024 22:08:40 GMT -5
The text to the Legislature in the coming weeks. Haidar says that the Treasury Attorney's Office has been taking dictatorial positions in recent times, which not even the military in the s and s would have had the courage to take. He cites the recent idea of registering the names of taxpayers in debt in credit restriction registers. “If the prosecutor's office carried out its processes correctly, it wouldn't need this type of idea”, he says. Lawyer Daniella Zagari , partner at Machado, Meyer, Sendacz and Opice lawyers, has the same opinion about the proposal. "It's the end of the World. I’ve never seen something so unconstitutional”, says the tax litigation specialist. It mainly refers to what the text calls “acts of preparatory constriction”, which is the technical name for administrative blockade.
The proposal is a major inversion of the system, says the lawyer. The title that supports the tax debt certificate is peculiar in relation to other types of debt. It does not have the debtor's signature as, for Phone Number List example, a check. “That’s why caution is needed when executing this title”, she argues. According to Daniella, despite the statistics that the Treasury publishes to justify the change, it does not reveal an essential number for the debate: the number of tax foreclosures that are canceled because they were poorly proposed by the Treasury itself. “When in doubt, the Treasury prefers to execute. It makes no sense to guarantee millions of reais for a mistake”, says the lawyer.
She says that it is common to see cases in which R$ million is wrongly charged to the taxpayer. For Daniella, the project will harm good businessmen, as bad taxpayers often leave nothing in their name. Farm powers If the rule is approved, Treasury attorneys will be able to administratively block the assets, including using the Central Bank system. However, according to the new proposal, the blockade will have to be temporary. Administrative enforcement would enable Treasury bodies to identify and block debtors' assets. She will have three days to file legal proceedings in cases involving money and days for other types of property. Under the proposal, a National Heritage Register would also be created, which would contain taxpayers' movable and immovable assets.
The proposal is a major inversion of the system, says the lawyer. The title that supports the tax debt certificate is peculiar in relation to other types of debt. It does not have the debtor's signature as, for Phone Number List example, a check. “That’s why caution is needed when executing this title”, she argues. According to Daniella, despite the statistics that the Treasury publishes to justify the change, it does not reveal an essential number for the debate: the number of tax foreclosures that are canceled because they were poorly proposed by the Treasury itself. “When in doubt, the Treasury prefers to execute. It makes no sense to guarantee millions of reais for a mistake”, says the lawyer.
She says that it is common to see cases in which R$ million is wrongly charged to the taxpayer. For Daniella, the project will harm good businessmen, as bad taxpayers often leave nothing in their name. Farm powers If the rule is approved, Treasury attorneys will be able to administratively block the assets, including using the Central Bank system. However, according to the new proposal, the blockade will have to be temporary. Administrative enforcement would enable Treasury bodies to identify and block debtors' assets. She will have three days to file legal proceedings in cases involving money and days for other types of property. Under the proposal, a National Heritage Register would also be created, which would contain taxpayers' movable and immovable assets.