Revista Eletrônica da PGE-RJ

Types of money laundering related to the sale of motor vehicles

Alessandro Fernandes — 2023-12-31

The text highlights the global threat of money laundering, estimated at between 2% and 5% of the world's GDP. In the Brazilian context, this illicit activity in the sale of motor vehicles can generate between R$218 billion and R$545 billion, making it an area ripe for illegal practices. The study delves into the associated typologies, such as the conversion of assets, fraud in car rental companies, the use of foreign corporate vehicles and the laundering of funds from corruption through the purchase of cars. The research adopts an exploratory and qualitative approach, culminating in the development of a risk matrix to identify vulnerabilities and contribute to more effective strategies for preventing and repressing these illicit activities.

IBS Management Committee and its role in interfederative fiscal balance

Caio Gama Mascarenhas — 2023-12-31

This paper address the role of the IBS Management Committee created by Constitutional Amendment 132/2023 in inter-federative fiscal balance. We investigate the following issues: What is the political nature of the IBS Management Committee? How does the change in the territorial taxation criterion (from origin to destination) affect Brazilian federalism? What are the effects of changing the nature of revenue for subnational entities (from own revenue to transferred revenue)? What is the role of the Management Committee in inter-federative fiscal balance? We argue that, although the tax reform significantly impacted the autonomy of subnational entities, there was a normative concern for the budgetary balance of each federation unit, particularly regarding the following aspects: (1) mandatory impact assessment and compensation in cases of legislative changes or interpretations that affect the collection and distribution of the IBS; (2) concern with transitional regulations; and (3) fiscal equalization norms. The exchange of the subnational entities' tax autonomy for their participation in the management of the IBS through the Management Committee represents more than just a change in the nature of revenue (from own revenue to transferred revenue). It increases the risk that subnational entities may not be able to cover their mandatory expenses or fulfill their constitutional responsibilities through their own fiscal management efforts, considering the Brazilian context of fiscal imbalance and legal uncertainty. The fiscal balance of States and Municipalities, in terms of revenue, will depend on external decisions—mainly those of the IBS Management Committee. The research is theoretical, based on documentary analysis and the deductive method.

For a dogmatics of nescience: elements for an epistemology of uncertainty applied to administrative law

Bruno Felipe de Oliveira e Miranda — 2023-12-31

The text outlines an overview of uncertainty and indeterminacy in administrative law, utilizing the category of nescience for this purpose. It discusses what would be an appropriate taxonomy of different types of uncertainty, starting from the unifying category of nescience. It highlights that there are various degrees and types of uncertainty; that the modalities of non-knowledge are plural; that the versions of cognitive lacks and refusals are distinct. It focuses on the specific problem of the different levels or profiles at which it materializes, including the figures of nescience of the general, the particular, and the determinations. It emphasizes that the problem of (in)determinacy of the law is just one of the levels or ranges at which the problem of nescience is materialized. Indeterminacy is merely one species, of a genre corresponding to non-knowledge or nescience. The argument progresses to assert the need for the dogmatics of the law to take the problem of non-knowledge more seriously, refining the criteria of decidability to confront situations, which are quite habitual, if not inherent, in which this problem presents itself. At the base of this reflection lies the understanding that administrative law is a particularly fertile field for this type of discussion, considering the types of problems that the discipline and its scholars typically face — problems that rarely confine themselves to the strictly formal-linguistic domain.

The Future of law and economics: tax reform and law Robin Hood - economic analysis of law applied to public power

Carolina Ângelo Montolli — 2023-12-31

The Robin Hood Law has allowed for a better distribution of ICMS amounts owed to municipalities in the state of Minas Gerais. The purpose of this article was to carry out an analysis of economic law considering the Robin Hood Law, to meet its egalitarian and proactive purposes. This is bibliographical research. As a criterion for inclusion of literary materials in this study, no minimum publication period was defined due to the possibility of finding a greater number of scientific articles on the subject. The results of the research allowed concluding that the decentralization of financial resources becomes important for municipalities, as they will have more resources at their disposal. State Law 12,040 of December 28, 1995, and its amendments become important for Minas Gerais municipalities regarding public finances. The available municipal revenue includes the municipalities' own collection as well as transfers provided by the Union and the states.

General environmental compensation rule: legal foundations and parameters

Leonardo David Quintanilha de Oliveira — 2023-12-31

This article analyzes the legal framework of environmental compensation under the perspective of Brazilian law. In addition to statutory environmental compensations expressly provided for in federal, state, and local laws, infralegal norms or environmental protection agencies can establish non-statutory compensations as conditions within the environmental licensing or authorization processes. This is because the concept of environmental compensation is not a matters of legal reserve. This power-obligation, exercised based on the technical discretion of public agents, is grounded in a general environmental compensation norm established by the Federal Constitution, international law, and current legislation. The purpose of environmental compensation is to maintain environmental balance, an inalienable right. The article further distinguishes between compensation and other instruments that implement the polluter-pays principle, including environmental civil liability, public pricing, environmental taxation, and punitive sanctions. It emphasizes the importance of regulating parameters for the establishment and quantification of environmental compensations, aiming at legal certainty and the objectivity of the environmental agency's actions. In this context, legal parameters are proposed for this purpose (adversarial process and full defense, transparency, proportionality, and motivation), as well as the consequences of this, such as the need for reassessment and/or requalification of compensation in case of changes to the licensed project or redefinition of the impact, and the requirement of locational proximity between the impacting project and the compensation destination. Finally, it is argued that the duty to provide grounds for non-statutory environmental compensations is more stringent than for statutory compensations.

State Advocacy in the protection of fundamental values of modern Constitutionalism

Mozart de Paula Batista Filho — 2023-12-31

This article aims to reflect on the role of state law in protecting the fundamental values of modern constitutionalism. As specific objectives of this research, we aim to understand in depth the concept and purpose of State Advocacy. In addition, it intends to analyze the constitutional treatment given to Public Advocacy in contemporary times, considering the legal and normative provisions in force. Furthermore, we aim to highlight the primary importance of Public Advocacy in protecting the values that underlie the Modern Constitutional State, which include principles such as equality, justice, democracy and fundamental rights. By addressing these aspects, we intend to contribute to a deeper understanding of the role played by State Advocacy in the defense and preservation of the foundations of the legal system and of society as a whole. Methodologically, the research is classified as qualitative, descriptive and bibliographical. It appears that State Advocacy plays a fundamental role in the defense of values in the Modern Constitutional State. Through its representative, advisory and legal control activities, it aims to ensure the protection of fundamental rights, the promotion of equality, the guarantee of justice and the strengthening of democracy. By ensuring that government actions comply with the Constitution, State Advocacy contributes to the maintenance of the rule of law and the preservation of the principles that support the constitutional order, aiming at the public interest and the promotion of the common good.

Crisis: What now? How is the power sector prepared to solve it?

Maria Eduarda Gomes — 2023-12-31

The purpose of this article is to evaluate how the Brazilian electricity sector faces electricity supply crises. To this end, we start from the diagnosis prepared by the TCU regarding the absence of a contingency plan for energy crises. Based on this diagnosis, the hypothesis formulated is that there are no public enforcement mechanisms in the regulation of the electricity sector that encourage the elaboration of such a contingency plan. At the end of this article, some mechanisms are proposed in line with the literature on the subject and the rules that guide the actions of CMSE, ANEEL and ONS.

Parecer nº 01/2023-ARCY

André Rodrigues Cyrino — 2023-12-31

Expediente

Revista Eletrônica da PGE-RJ — 2023-12-31

A mutação do Estado administrativo nos EUA: Suprema Corte sinaliza mudanças no desenho institucional da Administração Pública

Gustavo Binenbojm — 2023-12-31

Seminário os 35 anos da Constituição: Bastidores das Lutas das Mulheres por seus Direitos

Revista Eletrônica da PGE-RJ — 2023-12-31

Direitos das Mulheres na Constituição

Os bastidores das lutas das mulheres durante a elaboração da Constituição de 1988 é o tema do seminário que a Comissão de Gênero da PGE-RJ promoveu no dia 23 de outubro de 2023 no auditório da Procuradoria, no Centro do Rio.

Os organizadores reuniram um time peso pesado na defesa dos direitos das mulheres para as palestras: a professora da UFF Hildete Pereira de Melo, doutora em Economia; Nair Jane de Castro Lima, líder sindical das trabalhadoras domésticas do Brasil; Schuma Schumaher, pedagoga e coordenadora executiva da Rede de Desenvolvimento Humano; e a Procuradora do Estado do Rio de Janeiro Leonor Nunes de Paiva.

Apresentação

Priscila Madeira Soares — 2023-12-31