Amazonas Economia

MP-AM recomenda ao DETRAN que suspenda cobrança de taxa imoral

O Ministério Público do Estado do Amazonas emitiu Recomendação, nesta terça-feira, 26 de setembro, ao Diretor do Detran-AM, Leonel Feitoza, para que suspenda imediatamente a cobrança e a arrecadação da taxa de inspeção veicular ambiental, em razão da possível inconstitucionalidade e/ou ilegalidade na instituição da referida inspeção, pelo prazo de 90 (noventa) dias, em favor das providências a serem adotadas no procedimento instaurado. O documento, assinado pelo Procurador-Geral de Justiça, Carlos Fábio Braga Monteiro, também foi remetido ao Governo do Estado.

Detran suspende cobrança ilegal, mas não para todos

De acordo com o Procurador-Geral, foram instaurados 02 procedimentos no MP-AM,  um Procedimento Preparatório, pela Procuradoria-Geral de Justiça, e um Inquérito Civil, pela 52a. Promotoria de Justiça Especializada na Proteção e Defesa dos Direitos do Consumidor (Prodecon). “Instauramos um Procedimento Preparatório, onde se analisa eventual inconstitucionalidade da lei estadual que trata da matéria, já o Inquérito Civil, instaurado pela Prodecon, trata de eventual afronta às relações de consumo. Questionamos inclusive alguns itens sobre a possibilidade de o Detran estar cobrando uma taxa que não está elencada no Código Tributário Nacional”, afirmou o PGJ.

+ MPF desmente Presidente do Detran sobre taxa de emissão de gases

Na Recomendação, o Ministério Público considera que “o valor da inspeção veicular, tal como estipulado pelo art. 178 do Anexo da Lei Complementar Estadual n.2 19/1997, de acordo com a redação insculpida pela Lei Complementar Estadual n.° 148/2014, foi alçado ao patamar de R$ 90,00 (noventa reais), o qual seria reajustado, no ano de 2016, em 15% (quinze por cento), alcançando R$ 103,50 (cento e três reais e cinquenta centavos), e, no ano de 2017, em 11,40%, é dizer R$ 115,30 (cento e quinze reais e trinta centavos), de sorte que, à luz do princípio da legalidade tributária e da legislação tributária estadual ora vigente, não houve respaldo expresso, no Direito Positivo, para a cobrança, pelo DETRAN/AM, do valor de R$ 133,30 (centro e trinta e três reais e trinta centavos), a título de taxa de inspeção veicular ambiental”.

Redução no valor da nova taxa do Detran é a prova de sua imoralidade

Segundo o Procurador-Geral de Justiça, o Detran não apresentou previamente como se chegou ao valor inicial da taxa de R$133,00. “Também requisitamos informações sobre a metodologia utilizada por eles para se chegar ao valor da taxa divulgado, já que é obrigatório vir a análise prévia que especifique os critérios para se chegar a esse valor. A matéria dá margem a diversas interpretações, tanto por parte da população, como também no universo jurídico”, destacou o Procurador.

Leia a íntegra da recomendação do MP-AM ao Detran.

 

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