Extrafiscalidade da CIDE-Royalties como mecanismo indutor da autonomia tecnológica nacional

Abstract

State intervention in the economic sphere has always existed, but the way that has occurred varies in intensity and methods of history. This variation in the form of the state act is closely linked to the objectives and priorities established in the current Constitution in each period. In the current 1988 Constitution, one of the priorities is achieving national technological autonomy, sealed in Article 219, and to achieve this taxation has signaled a very effective mechanism. In this vein, this thesis analyzes the contribution of intervention in the economic domain, a sort of tribute, created by Law no. 10,168 / 00, also called CIDE-Royalties. This proposal, from the point of view extrafiscality not yet explored based on research of the CIDE-Royalties feasibility as a tool to achieve national technological autonomy, a key to economic growth in Brazil issue. Another band, check this guard CIDE compatible with the constitutional principles of their institution. To achieve this result, beginning with the analysis of the forms of state intervention in the economy, analysis of the constitutional system of fiscal taxes and species present in the Brazilian legal system, identifying the extrafiscality the service of economic intervention of its opposite which it is taxation. From there, it goes to a prospective analysis of the intervention contribution in the economic domain and its kind established by law 10.168/00. Developing its matrix-rule of tax incidence, checking the criteria for checking constitutionality and linking the application of these tax revenues, for the goal that led to its creation by the scope goal of speculation purpose pursued is the national technological autonomy proposed in this document. Research is dogmatic and literary, using the deductive method. We concluded that the CIDE-Royalties is constitutional and that its application in the extrafiscality dimension corresponds to a form of state intervention in the economy in the form of induction of indirect taxes and their income tax side, they are reversed FNDCT to the formation of viable instruments of national technological autonomy.