Have you already written your letter to Receita Federal? Explained why its decision to require of you the use of non-Free Software disrespects your fundamental constitutional citizen's rights? Why this induces, when it doesn't demand, you to infringe on copyright, in addition to bringing you several other legal risks? That this amounts to inconstitutional discrimination for your political and philosophical beliefs? That this attitude disrespects constitutional principles for the public administration and the economic order?
If you're a Brazilian citizen, or you pay taxes in Brazil, and still
haven't sent your letter, read the sample letters, that summarize the
main arguments, at http://www.fsfla.org/?q=en/node/145; read the
article (in Portuguese) that details the arguments at
http://www.fsfla.org/?q=pt/node/143; write your own letter with the
points you feel aligned with and sent it:
https://www.receita.fazenda.gov.br/dvssl/atbhe/falecon/comum/asp/env_msg.asp?id=31
If you've already sent it, maybe you've also received a semi-automated impersonal response, giving the impression that they can't or won't do anything. If this happened to you as well, you can and should do the following immediately:
1. Locate the representative of the nearest Taxpayer Attention Center
and get in touch immediately, explaining the situation.
http://www.receita.fazenda.gov.br/AtendContrib/Atendimento/UnidAtendimento/CentroAtendimento.htm (in Portuguese)
2. Send your delation to the Ombudsman at Ministério da Fazenda.
You can call 0800 702-1111 (from Brazil), use the web form at:
http://portal.ouvidoria.fazenda.gov.br/sisouvidor/autoatendimento/cadastro/formularioMensagem.jsp (in Portuguese)
or send e-mail to ouvidormf@fazenda.gov.br. If you live in Brasília,
call the number above and schedule a meeting with the Ombudsman to
discuss this matter. For other ways of getting in touch, visit:
http://portal.ouvidoria.fazenda.gov.br/ouvidoria/ActionServlet?idInstitucional=7&objeto=br.com.tellus.ouvidoria.negocio.Institucional&acao=recover (in Portuguese)
3. File an administrative proceeding with Receita Federal. Address it to the Secretary of Receita Federal, Mr. Jorge Antonio Deher Rachid, and to the Manager of Information Technology and Security at Receita Federal, Sr. Vítor Marcos Almeida Machado, in Brasília. It suffices to take a petition and copies of your documents to the nearest Receita Federal's office.
4. Open a consultation proceeding with Receita Federal's
Regional Superintendence, according to guidance on the web page:
https://www.receita.fazenda.gov.br/GuiaContribuinte/ConsLegisTrib/ConsLegisTrib.htm
About FSFLA
FSFLA joined in 2005 the FSF network, previously formed by Free Software Foundations in the United States, in Europe and in India. These sister organizations work in their corresponding geographies towards promoting the same Free Software ideals and defending the same freedoms for software users and developers, working locally but cooperating globally. For more information about FSFLA and to contribute to our work, visit our web site at http://www.fsfla.org or write to info@fsfla.org.
About FSFLA's Campaign against Softwares Impostos
We understand the Brazilian Federal Constitution grants preference to
Free Software in the public administration, both internally, for
compliance with constitutional principles, and in interactions with
citizens, for respect for their fundamental constitutional rights and
for compliance with the same and other constitutional principles.
This campaign, started in October, 2006, seeks compliance with the
Federal Constitution in this regard.
http://www.fsfla.org/?q=en/node/109
http://www.fsfla.org/?q=en/node/110 (editorial)
http://www.fsfla.org/?q=en/node/115
http://www.fsfla.org/?q=en/node/117 (section 3.)
http://www.fsfla.org/?q=en/node/120
http://www.fsfla.org/?q=en/node/122#Editorial
Press contacts
Alexandre Oliva
Board member, FSFLA
lxoliva@fsfla.org
+55 19 9714-3658 / 3243-5233
Pedro A.D. Rezende
Board member, FSFLA
prezende@fsfla.org
+55 61 3368-6031 / 3307-2482
Copyright 2007 FSFLA
Permission is granted to make and distribute verbatim copies of this entire document without royalty provided the copyright notice, the document's official URL, and this permission notice are preserved.