THE INSUFFICIENCY OF FOUNDATION OF STF FOR PROSPECTIVE EFFECTS OF THE INCONSTITUTIONALITY OF ICMS IRREGULAR FISCAL BENEFITS
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Abstract
The objective of this work was to analyze — exemplary — (through the inductive research method), Supreme Court decisions which modulated the effects of decisions that declared unconstitutional state laws that granted tax incentive on I.C.M.S. without interstate agreement. Thereby, it was possible to evince that such Supreme Court decisions lack the proper reasoning regarding the temporal effects limitation, so that becomes unconstitutional the mere mention of legal certainty or exceptional social interest. Thus, it turns out that it is necessary to bring more substantiated arguments, in a clear and standardized way (as far as possible), whereas the temporal effects modulation is an exceptional mechanism in legal system, considering legal certainty.
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