IPI e Princípio da Anterioridade

Por
Pedro Santos
-
139
1410

CEBRASPE (2018):

QUESTÃO ERRADA: A majoração de alíquotas do imposto sobre produtos industrializados depende de lei complementar aprovada pelo Congresso Nacional, sendo vedada sua implementação no mesmo exercício financeiro em que tenha sido publicada lei que aumentou tal tributo.

A majoração de alíquotas do IPI não depende de lei complementar e também é exceção ao princípio da anterioridade anual, obedecendo, contudo, à anterioridade nonagesimal.

Exceções ao Princípio da Anterioridade:

Pode ser cobrado imediatamente:

–      EMPRESTIMO COMPULSORIO (Somente nos casos de guerra ou calamidade pública) e IEG>>>LEI COMPLEMENTAR

–      II, IE e IOF (reguladores de mercado) >>> DECRETO ou RESOLUÇÃO DO PRESIDENTE DA CAMEX (No caso de II e IE)

Deve esperar 90 dias (anterioridade nonagesimal mitigada):

– IPI (apesar de ser regulador de mercado, precisa aguardar) – DECRETO

– CIDE combustível – DECRETO

– ICMS combustível – CONVÊNIO

– CS

Deve esperar o próximo exercício, mas não precisa aguardar os 90 dias (anterioridade do exercício mitigada):

–      IR >>> LEI ORDINÁRIA

–      Modificação da BC do IPTU e IPVA >>> LEI ORDINÁRIA.

CEBRASPE (2015):

QUESTÃO ERRADA: O imposto sobre produtos industrializados é uma exceção ao princípio da anterioridade nonagesimal, que proíbe a cobrança de tributo antes de decorridos noventa dias da data da publicação da lei que instituiu ou majorou o tributo em questão.

O IPI é exceção somente à anterioridade anual e não à noventena.

Art. 150
§ 1º A vedação do inciso III, b (Anterioridade), não se aplica aos tributos previstos nos arts. 148, I, 153, I, II, IV (IPI) e V; e 154, II; e a vedação do inciso III, c, não se aplica aos tributos previstos nos arts. 148, I, 153, I, II, III e V; e 154, II, nem à fixação da base de cálculo dos impostos previstos nos arts. 155, III, e 156, I.

Resumindo…
1) Não respeita a anterioridade e a anterioridade nonagesimal

    II, IE, IOF
    Impostos extraordinários
    Empréstimos compulsórios por calamidade pública ou guerra

2) Não respeita só a Anterioridade

    IPI
    Contribuições para financiamento da seguridade social
    CIDE sobre combustível (Art. 177)
    ICMS monofásico (Art. 155 §4)

3) Não respeita só a Anterioridade nonagesimal

    IR
    Alteração na base de cálculo do IPVA e do IPTU

CEBRASPE (2015):

QUESTÃO CERTA: A União pode elevar a alíquota do IPI sem depender da aprovação do Congresso Nacional, mas essa elevação não poderá ser implementada antes de noventa dias de sua decretação.

Conforme o artigo 150, §1º, da CF/88, o IPI está sujeito apenas ao princípio da anterioridade nonagesimal, não se sujeitando ao princípio da anterioridade anual.

1. “A União pode elevar a alíquota do IPI sem depender da aprovação do Congresso Nacional”

CF, art. 153, § 1º 

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É facultado ao Poder Executivo, atendidas as condições e os limites estabelecidos em lei, alterar as alíquotas dos impostos enumerados nos incisos I, II, IV (é o IPI) e V.

** Permite à União alterar a alíquota através de Decreto (exceção ao princípio da legalidade).

2. “… mas essa elevação não poderá ser implementada antes de noventa dias de sua decretação”

CF, art. 150, § 1º A vedação do inciso III, b (PRINC. ANTERIORIDADE ANUAL), não se aplica aos tributos previstos nos arts. 148, I, 153, I, II, IV (é o IPI) e V; e 154, II; e a vedação do inciso III, c (PRINC. ANTERIORIDADE NONAGESIMAL), não se aplica aos tributos previstos nos arts. 148, I, 153, I, II, III e V; e 154, II, nem à fixação da base de cálculo dos impostos previstos nos arts. 155, III, e 156, I.

** Ou seja, o IPI está livre apenas da anterioridade anual, devendo respeitar a nonagesimal.

CEBRASPE (2008):

QUESTÃO CERTA: O IPI é um caso peculiar de aplicação dos preceitos relativos às limitações do poder de tributar, pois não está sujeito ao princípio da anterioridade, mas um aumento de alíquota só poderá ser exigido 90 dias após a sua decretação.

VUNESP (2023):

QUESTÃO CERTA: O Poder Executivo, após discussão com a equipe econômica, decide aumentar as alíquotas do Imposto sobre Operações de Crédito, Câmbio e Seguro, ou Relativas a Títulos ou Valores Mobiliários – IOF incidente sobre operações de crédito e diminuir a alíquota do Imposto sobre Produtos Industrializados – IPI incidente sobre a linha branca de eletrodomésticos. A esse respeito, assinale a alternativa correta: Tanto a alteração da alíquota do IOF quanto a do IPI não necessitam observar a anterioridade nonagesimal e a anterioridade anual.

A diminuição da alíquota do IPI não está sujeita a anterioridade anual nem nonagesimal (somente majoração).

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  139. In this awesome scheme of things you secure a B- just for effort and hard work. Where exactly you actually lost me was in all the specifics. You know, it is said, details make or break the argument.. And it could not be more correct right here. Having said that, let me say to you just what exactly did do the job. Your authoring is extremely powerful which is possibly why I am making the effort in order to comment. I do not really make it a regular habit of doing that. Second, although I can easily see the leaps in reason you come up with, I am not necessarily sure of just how you appear to connect your details which make the actual conclusion. For right now I will yield to your point but hope in the future you actually link your facts better.

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