Revista de Direito Administrativo e Gestão Pública (Dec 2016)
The Mandatory Trade Union Contribution Of The Statutory Public Server Under The Perspective Of Tax Legality
Abstract
The article proposes the discussion of tax legality in the face of IN No 01/2008 of the MTE which extended compulsory union dues of art. 149 of CF / 88 and art. 578-591 of the Labor Code for statutory civil servants . It discusses the origin and nature of compulsory union dues under the tax legality of art. 150, I, CF / 88 and the seal of the analogy in Tax Law when dealing with major tax requirement (art. 108, § 1 of CTN ) . It started from the hypothesis that the IN 01/2008 MTE is illegal , since the main tax obligation arises from law.
Keywords