Tratado internacional e tributos estaduais e municipais

Abstract

The signature of international treaties establishing exemptions of taxes under the authority of the remaining federal entities (heteronomous tax exemptions) occasions numberless doctrine and case law discrepancies. Article 84, item VIII of the Federal Constitution sets forth that it will be incumbent upon the President of the Republic to sign Treaties, Conventions and International Acts. Therefore, and by acting in the name of the Country, the President of the Republic also acts in the name of all integrated parts of the Federal Republic of Brazil, regardless if they are states, municipalities, or territories, and no restriction applying to handling matters within the jurisdiction of other federal agencies. This possibility arises out from the fact that the Union can either act by itself, or in the name of the Federation, sometimes exercising its power as a legal entity, sometimes on behalf of the Federative Republic of Brazil, in both the domestic territory and in the international domain. In the domestic territory, it shows the Federation disposition, as it issues National Laws, and demonstrates the Union will when it issues Federal Laws. In the international domain, it represents the entire Federation by maintaining relationships with the Foreign States, participating in international conventions, waging wars and restoring peace, thereby exercising National Sovereignty.