scholarly journals The Right to Water and Hydric Injustice: A Study on the (Un)Constitutionality of Tax Benefits to the Hydro-Intensive Industrial and Port Complex of Pecém-Ceará

Author(s):  
João Alfredo Telles Melo ◽  
Talita de Fátima Pereira Furtado Montezuma ◽  
Geovana de Oliveira Patrício Marques
Keyword(s):  
Percurso ◽  
2019 ◽  
Vol 3 (30) ◽  
pp. 91
Author(s):  
Valmir César POZZETTI ◽  
André Fregapani LEITE ◽  
Ana Carolina LUCENA

RESUMO Esta pesquisa teve como objetivo geral analisar os critérios utilizados para aprovação dos incentivos fiscais as empresas produtoras de agrotóxicos, como objetivo específico analisar quais são os incentivos fiscais concedidos ás empresas produtoras de agrotóxicos, qual o processo e critérios para aprovação destes, verificar o atual cenário e quais as políticas públicas estão sendo implementadas, se o direito à alimentação saudável está sendo obeservado de acordo com a legislação vigente e agências fiscalizadoras, qual a repercussão do uso dos agrotóxicos no meio ambiente, nas lavouras, e quais as consequências do uso dos agrotóxicos na sáude da população. A metodologia utilizada nesta pesquisa foi o método dedutivo; quanto aos meios foi desenvolvida através do método dedutivo/descritivo; quanto aos meios a análise foi a bibliográfica, com uso da doutrina, legislação e jurisprudencia. Quanto aos fins, a pesquisa foi qualitativa. Conclui-se que os incetivos fiscais à produção de agrotóxicos são injustificáveis, uma vez que a concessão desses benefícios não seguem critérios objetivos; que existe uma verdadeira relação feudal do Estado brasileiro e as empresas transnacionais produtoras de agrotóxicos; que o agronegócio brasileiro é totalmente depedente do uso desses produtos, criando uma relação servil; que o discurso utilizado para a concessão dos benefícios fiscais é de que o agrotóxico aumenta a produção agrícola gerando emprego e desenvolvimento econômico, mas as políticas públicas no que tange aos agrotóxicos, são dúbias e obscuras, não há transparência na concessão dos benefícios e nem quais são as empresas contempladas; que a falta de critérios objetivos traz prejuízos a economia brasileira, pois há redução nas receitas tributárias, recursos esses, que poderiam ser investidos em outras áreas, aumentando a margem de lucro das empresas; que os incentivos criam competição desleal entre os alimentos naturais e os cultivados com agrotóxicos, além de contaminar o meio ambiente, trabalhadores rurais e a população de forma indireta; que a concessão de incentivos não possui como critério a exigência da não produção de externalidades negativas que o Estado terá que arcar pelo uso indiscriminado e prolongado dos agrotóxicos. Concluiu-se que é necessário a imposição de critérios para a utilização dos agrotóxicos, transparência no processo de contemplação de isenções, valorização dos alimentos naturais e agricultura familiar, informando a população dos malefícios dos agrotóxicos, e a quebra do paradigma de dependência dos agrotóxicos.PALAVRAS-CHAVES: Agrotóxicos; Incentivos fiscais; Empresas.ABSTRACTThe objective of this research is to analyze the criteria used to approve tax incentives for agrochemical companies, as a specific objective to analyze the tax incentives granted to companies, the process and criteria for approval of pesticides, to verify the current scenario and which public policies are being implemented, whether the right to healthy food is being observed in accordance with current legislation and enforcement agencies, what is the repercussion of the use of pesticides on the environment, on crops, and what are the consequences of the use of pesticides in health of the population. The methodology used in this research regarding the means was developed through the deductive, descriptive and qualitative method, through the doctrinal, bibliographical and jurisprudential analysis. As for the purposes, the research was qualitative. It is concluded that tax incentives are unjustifiable, since the concession of these benefits do not follow objective criteria, there is a true feudal relation of the Brazilian State and the transnational companies producing agrochemicals, the Brazilian agribusiness is totally dependent on the use of these chemicals, this dependence creates a true slavish relationship, the discourse used to grant tax benefits is that agrotoxicology increases agricultural production by generating jobs and economic development, but public policies regarding pesticides are dubious and obscure, there is no transparency in the the lack of objective criteria is detrimental to the Brazilian economy, since there is a reduction in tax revenues, money that could be invested in other areas, increase the profit margin of companies, creates unfair competition between food and contamination of the environment, rural workers and the population in an indirect way, and the negative externalities that the State will have to pay for the indiscriminate and prolonged use of agrochemicals do not enter into the criteria for granting fiscal benefits. The solution will be to change criteria for the use of pesticides, transparency in the process of contemplating exemptions, valuation of natural foods and family farming, informing the population of the harmful effects of pesticides, and breaking the paradigm of dependence on agrochemicals.KEYWORDS: Agrochemicals; companies; tax incentives.


2020 ◽  
pp. 237-243
Author(s):  
С. В. Савченко
Keyword(s):  

The article, based on the analysis of scientific views of scientists and current legislation of Ukraine, provides a description of additional elements of mandatory payments related to inheritance and gifts, including: tax benefits, as well as installments or deferrals in the payment of research payments. It is substantiated that the absence of the institution of installments (deferrals) in the payment of the above tax restricts the rights of low-income persons, as it actually limits the right to receive property free of charge in the form of inheritance or gift.


2020 ◽  
Vol 208 ◽  
pp. 06002
Author(s):  
Alexey Popov ◽  
Inna Cabelkova

The gist of this article boils down to the analysis of legislative norms in the field of taxation, allowing the regions to ensure tax maneuver in relation to tax collection and, accordingly, to ensure economic growth. At the same time, both the norms of the Federal legislation, which allow regional authorities to establish tax rates and benefits, and the assessment of these opportunities, are disclosed on the example of the Sverdlovsk region. The possibilities of applying reduced tax rates and the use of investment tax deduction for corporate income tax, establishing differentiated rates and tax benefits for corporate property tax, criteria for the right to preferential taxation with a single tax levied in connection with the application of a simplified taxation system and other features of the regional tax legislation in relation to taxes credited to the budgets of the Subjects of the Federation. The problems of tax legislation that hinder the strengthening of the economic security of economic entities and, accordingly, the development of territories, as well as recommendations that allow increasing the efficiency of regional taxation and ensuring sustainable development of the Ural region are identified.


2018 ◽  
Vol 9 (1) ◽  
pp. 48
Author(s):  
Natalya Nikolaevna BOYKO ◽  
Rezida Miniyarovna USMANOVA

This article presents a comparative analysis of ʼspecial economic zonesʼ with an established business regime for each of them. These zones are created either in the territory of the constituent entities of the Russian Federation or in the territory of one or several municipal entities. The regulatory framework for all entities is created at the federal and regional levels through the adoption of relevant laws. Formally, all the ʼspecial zonesʼ have different goals, but are really focused on attracting investments by creating special conditions for doing business and providing tax benefits. This in turn, attracts the creation of new jobs, the satisfaction of the population in high-quality services and allows the population to live a comfortable and self-fulfilling lifestyle. This article analyses the special regimes for the implementation of entrepreneurial and investment activities existing in Russia, in particular territories. The characteristic features of these territories, which have the right to state support, tax preferences and incentives, are highlighted. The results of the study confirm that being residents of the territory of special zones, they receive significant tax advantages in comparison with non-residents. The availability of these territories with special business regimes positively affects the efficiency for business and regional budgets and will improve the material well-being of the living population.


2020 ◽  
Vol 20 (3) ◽  
pp. 70-83
Author(s):  
Roman V. Erzhenin

The article studies the correctness of setting goals and establishing norms in the regional segment of social support for the population and some of the consequences of this issue. As an example, the author examines the decrees of the Governor of the Irkutsk Region on social support for public sector employees issued in the period 2017-2019. An analysis of the provisions set forth in the decrees and the approved procedures for submission of lump sum payments highlights the non-traditional methods of organizing transfers of budget funds to employees of the state and municipal organization in the region. In addition to giving budget workers the right to receive a lump sum payment on professional holidays, the decrees of the Governor of the Irkutsk Region in violation of federal law exempted these payments in the amount of RUB 1.5 billion from taxation. According to the author, the motive to avoid generally accepted mechanisms for fulfilling budget expenditure commitments could be a desire to receive unreasonable tax benefits for the regional budget by reducing payments to budgets of other levels and extra-budgetary funds. The obtained results of the research can be used to develop the guidelines for limiting the regional rule-making in the field of social support based on subjective understanding of unreasonable norms-goals.


2019 ◽  
Vol 31 (3) ◽  
pp. 431-450
Author(s):  
Carolyn Cordery ◽  
Dalice Sim

Purpose The purpose of this paper is to analyse nonprofit regulation through comparing and contrasting mutual-benefit and public-benefit entities. It ascertains how these entities differ in size, publicness, tax benefits and whether these differences might suggest regulatory costs should be differentiated. Design/methodology/approach This mixed-methods study utilises financial data, submissions and interviews. Findings There are stark differences in these two types of regulated nonprofit entities. Members should be the primary monitoring agency/ies for mutual-benefit entities, but financial reports should be understandable to these members. Nevertheless, the availability of tax concessions, combined with the benefits of limited liability, suggest mutual-benefit entities should be regulated and monitored by government in a way sympathetic to their size. Research limitations/implications As with most research, a limitation is this study’s focus on a single jurisdiction. Practical implications The differences in these entities’ characteristics are important for designing regulation. Social implications Better regulation is likely to require a standard set of financial reporting standards. Government has the right to demand disclosures due to benefits mutual-benefit entities enjoy. Originality/value In comparison to studies utilising only public-benefit data, this study uses unique data sets to compare public-benefit and mutual-benefit entities and presents nonprofit sector participant’s perceptions of these differences in context. This enables analysis of how better regulation could be achieved.


2000 ◽  
Vol 7 (2) ◽  
pp. 119-127
Author(s):  
Norman L Jones

I sometimes feel that I am so dominated by circumstances and coincidences that I have little free choice, for example, when approaching an editorial. A case in point was a few days last month during which I attended a well-sponsored meeting of the Ontario Lung Association, reviewed a couple of papers reporting drug trials, read of the threats of litigation made by pharmaceutical companies to two Ontario researchers, heard of a public apology made by the New England Journal of Medicine regarding reviewers' conflicts of interest and received a critical letter from Dr Rob McFadden, an associate editor of the Canadian Respiratory Journal, about a sponsored publication that accompanied the last issue of 1999. All this I suppose reflects our rather ambivalent relationship with the pharmaceutical industry that supports many professional and academic programs but clearly expects some returns in addition to corporate tax benefits. We are now dependent on the industry's financial backing for academic and professional meetings that have become so large that they require large and expensive venues. But then the industry has the right to expect some return on its "investment" in such meetings.


Author(s):  
Никита Вакутин ◽  
Nikita Vakutin

Subject of research. Leaseback is a progressive investment tool and occupies a certain place in corporate financial management. Its application in practice is often interpreted by the tax authorities as a "problem deal" that provides unreasonable tax benefits. As a result, good taxpayers are suffering, those who use leasing as a tool for ensuring extended reproduction. The present research features the system of taxation of returnable leasing. Methods. The research involves the methods of retrospective study and comparative analysis, synthesis, induction, and deduction. These methods allowed the authors to obtain reliable and valid results. Objectives. The research aims at elaboration of recommendations on the adjustment of leasing and tax legislation to shape a regulatory environment for leasing taxation. Such environment is aimed at providing conditions for leaseback as a tool for managing corporate finances that makes it possible to ensure a clear recognition of leaseback in the system of its regulatory regulation in order to protect the tax interests of repayable leasing entities. Results. The paper describes the current system of taxation of leaseback for individual taxes, analyzes the judicial practice of considering tax disputes on the use of leaseback, and proposes measures to create a regulatory environment for taxation of leaseback. Application area. The results of the study can be used by the authorities and management as recommendations for adjusting leasing and tax legislation; various subjects of the business community for making the right management decisions and investment decisions on financing organizations through leaseback. Conclusions. Creating conditions to ensure the reliability of leaseback will increase their role in solving problems of financial management of the organization. Ultimately, this will activate the financing of corporations that use the leaseback mechanism. It will also provide the conditions for the functioning of harmonious tax relations between the state and the business sector.


Author(s):  
J. Anthony VanDuzer

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.


2019 ◽  
Vol 42 ◽  
Author(s):  
Guido Gainotti

Abstract The target article carefully describes the memory system, centered on the temporal lobe that builds specific memory traces. It does not, however, mention the laterality effects that exist within this system. This commentary briefly surveys evidence showing that clear asymmetries exist within the temporal lobe structures subserving the core system and that the right temporal structures mainly underpin face familiarity feelings.


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