Post by account_disabled on Mar 6, 2024 1:28:46 GMT -5
Anadep (National Association of Public Defenders) sued the Federal Supreme Court (STF) against the presidential decree that set the minimum amount of income to be preserved for basic expenses in negotiations of over-indebtedness cases at R$
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A value of R$ is incompatible with human dignity, says Anadep
Allegation of Non-compliance with Fundamental Precept (ADPF) , was distributed to Minister André Mendonça, rapporteur of two other similar actions.
According to the Over-Indebtedness a minimum existential value must be guaranteed in debt renegotiation agreements. Presidential Decree ,/, when regulating the law, had set this value at % of the minimum wage. Subsequently, Presidential Decree ,/ stipulated that the minimum to be protected is R$
At ADI, the association argues that the value is incompatible BTC Number Data with human dignity, as it prevents the enjoyment of a dignified life and social rights, which should cover expenses with food, housing, clothing, water, energy and gas.
It also argues that the decree results in social regression by disrespecting the fundamental objective of the Republic of eradicating poverty and marginalization and reducing social and regional inequalities.
n this tone, the Brazilian legislator, rightly internalizing the international commitments assumed by the country, namely articles and of the Mérida Convention and FATF-GAFI recommendations nº , , and , launched article , paragraph , item IV of Complementary Law /, article of the National Tax Code (Law nº ,/), and article of Law nº ,/ It is worth remembering that the Major Law provided that the financial system and its nuances, where banking secrecy is included, would be regulated by complementary laws (article of the Constitution) and that, equally, it would be up to the complementary law to provide for tax matters in general and their developments such as tax secrecy (article , item III of the Constitution).
Thus, regulating the constitutional matter, the legislator provided in article , paragraph of LC nº /, the hypotheses and list of criminal offenses that may give rise to the breach of banking secrecy upon prior judicial authorization, at any stage of the criminal process. , extended to stock secrecy, and in article of the National Tax Code (Law no. ,/, received with the status of complementary law, amended by LC no. /), the hypotheses of judicial request in the interest of justice, information about the economic or financial situation of the taxpayer or third party, and the nature and status of their business or activities held by the Public Treasury and its employees (tax secrecy).
In the same vein and under the aforementioned international negotiations, with particular regard to shared data (disseminated ex officio or requested), within the scope of financial intelligence (Coaf's RIF), are already provided for in article , paragraph , item IV, of LC / that: Ҥ It does not constitute a violation of the duty of secreommunication, to the competent authorities, of the commission of criminal or administrative offenses, covering the provision of information on operations involving resources originating from any criminal practice.
Pixabay/joelfotosPixabay/joelfotos
A value of R$ is incompatible with human dignity, says Anadep
Allegation of Non-compliance with Fundamental Precept (ADPF) , was distributed to Minister André Mendonça, rapporteur of two other similar actions.
According to the Over-Indebtedness a minimum existential value must be guaranteed in debt renegotiation agreements. Presidential Decree ,/, when regulating the law, had set this value at % of the minimum wage. Subsequently, Presidential Decree ,/ stipulated that the minimum to be protected is R$
At ADI, the association argues that the value is incompatible BTC Number Data with human dignity, as it prevents the enjoyment of a dignified life and social rights, which should cover expenses with food, housing, clothing, water, energy and gas.
It also argues that the decree results in social regression by disrespecting the fundamental objective of the Republic of eradicating poverty and marginalization and reducing social and regional inequalities.
n this tone, the Brazilian legislator, rightly internalizing the international commitments assumed by the country, namely articles and of the Mérida Convention and FATF-GAFI recommendations nº , , and , launched article , paragraph , item IV of Complementary Law /, article of the National Tax Code (Law nº ,/), and article of Law nº ,/ It is worth remembering that the Major Law provided that the financial system and its nuances, where banking secrecy is included, would be regulated by complementary laws (article of the Constitution) and that, equally, it would be up to the complementary law to provide for tax matters in general and their developments such as tax secrecy (article , item III of the Constitution).
Thus, regulating the constitutional matter, the legislator provided in article , paragraph of LC nº /, the hypotheses and list of criminal offenses that may give rise to the breach of banking secrecy upon prior judicial authorization, at any stage of the criminal process. , extended to stock secrecy, and in article of the National Tax Code (Law no. ,/, received with the status of complementary law, amended by LC no. /), the hypotheses of judicial request in the interest of justice, information about the economic or financial situation of the taxpayer or third party, and the nature and status of their business or activities held by the Public Treasury and its employees (tax secrecy).
In the same vein and under the aforementioned international negotiations, with particular regard to shared data (disseminated ex officio or requested), within the scope of financial intelligence (Coaf's RIF), are already provided for in article , paragraph , item IV, of LC / that: Ҥ It does not constitute a violation of the duty of secreommunication, to the competent authorities, of the commission of criminal or administrative offenses, covering the provision of information on operations involving resources originating from any criminal practice.