Bibliographic citations
Salazar, J., (2017). El garantismo tributario y los derechos del contribuyente en el ordenamiento constitucional peruano [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/2385
Salazar, J., El garantismo tributario y los derechos del contribuyente en el ordenamiento constitucional peruano [Tesis]. : Universidad Privada Antenor Orrego; 2017. https://hdl.handle.net/20.500.12759/2385
@phdthesis{renati/376128,
title = "El garantismo tributario y los derechos del contribuyente en el ordenamiento constitucional peruano",
author = "Salazar Soplapuco, Jorge Luis",
publisher = "Universidad Privada Antenor Orrego",
year = "2017"
}
This investigation is based on the problems originating from the expansion of the tax power of the state. This expansive tax practice often is incompatible with the fundamental rights of the tax payers, through two situations. On the one hand the incompatible situation is generated by omission. I consider that fundamental human rights are established in the Peruvian constitution, leads to judicial expectations of satisfying a needs or if it does not affect or mean a threat by others. The social rights are affected by omission of positive actions that the state should realize in favor of persons who pay their taxes; leaving people unprotected by non action of these rights that are established by the Constitution. On the other hand the expansion of the power of the tax law in various instances originates from the use of abusive or arbitrary legal attributions of the state, law makers or tax office. This violates the individual rights, such as the property right, equal rights and others. The present investigation will try to answer the following, which legal arguments will guarantee the fundamental rights of the tax payers. I will argue the case that the most coherent answer to defend the fundamental rights is the theory of guarantee of Professor Luigi Ferrajoli applicable to tax law. This investigation will use this theory as the main argument to justify the present research.
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