Da Legitimidade do Ministério Público para propor Ação Civil Pública relativa à Contribuição para o Custeio de Iluminação Pública

Abstract

The present article has as its theme the legitimacy of Public Ministry to propose Public Civil Action to defend the collective interests in tributary order, specifically in relation to the Contribution for the Cost of Public Lighting. The controversial issues about the CCPL, tribute provided in the Article 149-A of the Federal Constitution, support the sequent assertion of its unconstitutionality, by the offense of the immutable clauses, as well as, the individual rights and guarantees of the taxpayer and the tributary constitutional principles. After the tribute explanation, the study continues with the aid of the doctrine and the legislation, in conceptualizing the Public Civil Action and the Public Ministry, and also, disserted the matter of the diffuse, collective and individual homogeneous interests. In conclusion, it states that the purpose intended by the Public Ministry to defend the collective interests will improve with the recognition of its legitimacy on tributary matter, in focus, on the debate related to CCPL through the Public Civil Action.