Análise da competência para instituição da taxa de exploração de recursos hídricos no Pará (TFRH) e a constitucionalidade da Lei Estadual nº 8.091/2014: um estudo de caso

Abstract

This academic study aims evaluate compatibility between the Union's privative competency, constitutionally ensured, to legislate above the water's right and the police power from State of Pará, concerning creation of fee for hydrics resources explorations on this region. For that, was opted for a study case based on a concrete situation those its main discussions is the unconstitutionality of State Law n. 8091/14, that institutes TFRH - Taxa de Controle, Acompanhamento e Fiscalização das Atividades de Exploração e Aproveitamento de Recursos Hídricos; the legality of State of Pará police power to promote fiscalization and control exploration's activities, once known the water is a public domain property, a economic limited natural resource and the question that fee is derived from police power and should not be confused with tax. Facing of the relevance and complexity of the present case, DAU (Direct Action of Unconstitutionality) 5374 is being procedure aiming declare law's unconstitutionality 8.091/14. Therefore, that this is a relevant question analysis which need a pacification to generate legal and economic certainty and in the course of the present study are included the legal grounds for the conclusion in defense of the compatibility between the competence of the Union and the State of Pará.