Prior exhaustion of the administrative route and criminal action in crimes against the tax order

Authors

  • Hugo de Brito Machado

Keywords:

Crimes against the tax order, Administrative route, Prejudicial question, Assessment, Due process of law

Abstract

The text examines the need for prior exhaustion of the administrative route for filing criminal action in crimes against the tax order, distinguishing procedural condition from prejudicial question, whose object is substantive law. It argues that Precedent 609 of the Federal Supreme Court deals only with a procedural issue and does not set aside the tax prejudiciality. It analyzes the evolution of the criminal type, demonstrating that Law 8,137/90 defines a material crime of result, requiring the suppression or reduction of tax, whose existence is exclusively for the administrative authority to assess. It concludes that criminal action before exhaustion of the administrative route violates due process of law, full defense and constitutes an oblique form of collection.

Downloads

Download data is not yet available.

References

-

Published

1996-07-01

How to Cite

MACHADO, Hugo de Brito. Prior exhaustion of the administrative route and criminal action in crimes against the tax order. Brazilian Journal of Criminal Science, São Paulo, v. 15, n. 15, p. 231–239, 1996. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3524. Acesso em: 20 oct. 2026.

Issue

Section

Direito Penal Econômico
Views 21 Downloads 18