Contragarantia Oferecida à União

Por
Daniel Silva
-
549
4439

CEBRASPE (2021):

QUESTÃO CERTA: É permitida aos estados a vinculação de receitas próprias geradas pela cobrança do IPVA para a prestação de contragarantia à União.

Certo, pois é permitida a vinculação de impostos estaduais (entre os quais se inclui o IPVA) para pagamento de débitos com a União e para lhe prestar garantia ou contra garantia.

Constituição Federal – Art. 167. São vedados:

(…)

§ 4º É permitida a vinculação das receitas a que se referem os arts. 155, 156, 157, 158 e as alíneas “a”, “b”, “d” e “e” do inciso I e o inciso II do caput do art. 159 desta Constituição para pagamento de débitos com a União e para prestar-lhe garantia ou contragarantia.

Art. 155. Compete aos Estados e ao Distrito Federal instituir impostos sobre:

(…)

III – propriedade de veículos automotores.

REGRA: Não é possível se vincular receitas de impostos.

CF/88, Art. 167. São vedados: IV – a vinculação de receita de impostos a órgão, fundo ou despesa, ressalvadas a repartição do produto da arrecadação dos impostos a que se referem os arts. 158 e 159, a destinação de recursos para as ações e serviços públicos de saúde, para manutenção e desenvolvimento do ensino e para realização de atividades da administração tributária, como determinado, respectivamente, pelos arts. 198, § 2º, 212 e 37, XXII, e a prestação de garantias às operações de crédito por antecipação de receita, previstas no art. 165, § 8º, bem como o disposto no § 4º deste artigo;

EXCEÇÕES: são muitas, então CUIDADO:

■ Repartição constitucional dos impostos;

■ Destinação de recursos para a Saúde;

■ Destinação de recursos para a manutenção e desenvolvimento do ensino;

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■ Destinação de recursos para a atividade de administração tributária;

■ Prestação de garantias às operações de crédito por antecipação de receita;

■ Garantia, contragarantia à União e pagamento de débitos para com esta.

■ quanto a Repartição constitucional dos impostos; pode se vincular:

1) 155 (IPVA, ITCMD e ICMS),

2) 156 (IPTU, ISSQN e ITBI),

3) 157 (pertence aos E/DF: IR e 20% do IMPOSTO RESIDUAL da UNIAO),

4) 158 (pertence aos MUNICIPIOS: IR; 50% do ITR da UNIAO; 50% do IPVA; 25 do ICMS)

5) e as alíneas “a” (49% do IR repartidos 21.5% FPE/FPDF),

6) “b”(22.5% FPM),

7) “d“(1% FPM até 10/12) e “e”

8)  (1% FPM até 10/07) do inciso I e

9) o inciso II (10% do IPI para E/DF) do caput do art. 159 desta Constituição para pagamento de débitos com a União e para prestar-lhe garantia ou contragarantia.

10) vinculação de 0.5% da receita Liquida para Apoio a Promoção Social (art. 204 CF)

11) vinculação de 0.5% da receita Liquida para Programas Culturas (art. 216,§6º CF)

12) vincular % de RCL para quitar PRECATORIOS (art. 100, §19 CF/88)

13) autorização de desconto bancário de transferências para E /DF e Municípios (não pode desconto e receita própria)

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Daniel Silva
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