Questão jurídica principal
Whether failure to request remission or deferral is decisive for culpability in non-payment of military service replacement tax.
Decisão extraída
No. Culpability depends on the debtor's economic ability at the end of the second grace period, or on culpable creation of insolvency; the omission of a remission or deferral request is relevant only for referral to the criminal judge.
Fundamentação extraída
The statutory wording of Arts. 33 and 42 MPG separates the prerequisites for transmission to the criminal judge from the substantive elements of culpable non-payment. The decisive factor is the economic situation or culpable insolvency, not merely passive inaction toward the administration.