Post by account_disabled on Mar 7, 2024 8:16:39 GMT 1
According to criminal lawyer Arnaldo Malheiros Filho, Law ,/, which deals with crimes against the financial system, "is one of the worst we have in Brazil". During the Ibccrim/Faap Lecture Cycle, which took place this week in São Paulo, Malheiros criticized the very broad definition that the law brings about financial institutions, and the association that is made of crimes against the financial system with the formation of gangs to justify temporary arrest.
Malheiros cited the judgment of the Federal Supreme Court in which minister Cezar Peluso understood that the formation of a gang is the association of more than three people with the aim of committing an illegal act. “The directors of a bank do not join together to commit any crime, they join together to manage a company, do business. They could even commit a crime along the way, but in principle they did not join forces to do so,” he said.
When saying that the Law on Crimes against the Financial System “is one of the worst laws we have in Brazil”, the lawyer also stated that the rule was only not changed because there is a fear of making it worse.
Malheiros recalls that when it was approved, there were several BTC Number Data vetoes of articles that represented “true aberrations”. “When he approved the law, then president José Sarney sent a message to the National Congress in which he recognized that the law was bad, but as there was a draft being prepared by the Executive, it was believed that Law ,/ would be provisional. The fact is that she turned ”
Breadth
For the specialist, one of the biggest mistakes in Law ,/ is the breadth of the concept of financial institution. According to article , a financial institution is considered to be a legal entity governed by public or private law, whose main or ancillary activity, cumulatively or not, is the capture, intermediation or application of third-party financial resources, in national or foreign currency. , or the custody, issuance, distribution, negotiation, intermediation or administration of securities.
“In addition to the scope of article , item II, of the sole paragraph, of the same article, says that 'a financial institution is equated with a natural person who carries out any of the activities referred to in this article, even if occasionally'. "In other words: someone who asks for a loan at the bank, everything and everyone can be considered financial institutions, which is absurd," said Malheiros.
Excess
Another point highlighted during the criminalist's presentation was the “criminalization of what is not a crime”. “Today we live in the fashion of criminalizing. There is the wrong idea that criminalizing conduct and increasing penalties solves problems. There are cases where this is not true”, said the lawyer who contextualized his statement by demonstrating how England deals with the issue of drinking and driving.
Malheiros cited the judgment of the Federal Supreme Court in which minister Cezar Peluso understood that the formation of a gang is the association of more than three people with the aim of committing an illegal act. “The directors of a bank do not join together to commit any crime, they join together to manage a company, do business. They could even commit a crime along the way, but in principle they did not join forces to do so,” he said.
When saying that the Law on Crimes against the Financial System “is one of the worst laws we have in Brazil”, the lawyer also stated that the rule was only not changed because there is a fear of making it worse.
Malheiros recalls that when it was approved, there were several BTC Number Data vetoes of articles that represented “true aberrations”. “When he approved the law, then president José Sarney sent a message to the National Congress in which he recognized that the law was bad, but as there was a draft being prepared by the Executive, it was believed that Law ,/ would be provisional. The fact is that she turned ”
Breadth
For the specialist, one of the biggest mistakes in Law ,/ is the breadth of the concept of financial institution. According to article , a financial institution is considered to be a legal entity governed by public or private law, whose main or ancillary activity, cumulatively or not, is the capture, intermediation or application of third-party financial resources, in national or foreign currency. , or the custody, issuance, distribution, negotiation, intermediation or administration of securities.
“In addition to the scope of article , item II, of the sole paragraph, of the same article, says that 'a financial institution is equated with a natural person who carries out any of the activities referred to in this article, even if occasionally'. "In other words: someone who asks for a loan at the bank, everything and everyone can be considered financial institutions, which is absurd," said Malheiros.
Excess
Another point highlighted during the criminalist's presentation was the “criminalization of what is not a crime”. “Today we live in the fashion of criminalizing. There is the wrong idea that criminalizing conduct and increasing penalties solves problems. There are cases where this is not true”, said the lawyer who contextualized his statement by demonstrating how England deals with the issue of drinking and driving.