A taxa de fiscalização de exploração de recursos minerários no estado do Pará e a utilização do produto da sua arrecadação. Reflexões à luz da Constituição Federal

Abstract

This essay aims to reignite the debate over the allocation of revenue from the Fee for Control, Monitoring, and Supervision of Mineral Research, Mining, Exploration, and Exploitation Activities (TFRM), established by Pará State Law nº 7,591/2011. The primary focus is on the flexibility of using TFRM revenue beyond its original purpose. The discussion emphasizes the challenges excessive revenue earmarking presents for public management and references Brazilian case law, highlighting the non-mandatory nature of such linkages, except in cases explicitly defined by law, like judicial fees. Although the Brazilian Constitution prohibits earmarking tax revenue, it does not impose the same restriction on fees unless specifically legislated. Drawing on Supreme Court decisions, this analysis questions the automatic presumption that fee revenue must fund the specific public services that justify their collection.