Post by account_disabled on Mar 11, 2024 6:11:42 GMT
The Financial Activities Control Council, a body within the Ministry of Finance, has power that is envied by many police officers and prosecutors. You can, without needing judicial authorization, monitor bank accounts and financial applications with just one request, in accordance with the Money Laundering Crimes Law (Law ,/). The aim is to report to the authorities any movement that indicates a crime.
But how far can this initiative go? What is the limit that separates an atypical transaction from a clear indication of a crime, which would motivate reporting to the prosecutor's office? The question divided the judges of the th Panel of the Federal Regional Court of the th Region, in Porto Alegre. By two votes to one, the court understood that it is not up to Coaf to carry out an accurate investigation of the information it collects. If you feel you should send suspicious data to the competent authority, you can do so, as your judgment is one of "appearance". There is still an appeal.
The case involves a foreigner accused of being part of a scheme Austria Phone Numbers List to smuggle parts for slot machines, which police are investigating in four states. He is said to be the owner of bingos in Joinville (SC), in partnership with AEA, honorary consul of Spain in the city, arrested in as leader of the gang. Another six defendants respond to the lawsuit.
The court judged the case in May, but not without an interruption necessary for one of the judges to review the case. Judge Paulo Afonso Brum Vaz, in a unanimous vote, was in favor of annulling the Criminal Action, but was defeated. The rapporteur, judge Luiz Fernando Wowk Penteado, recognized the legality of the evidence, which was followed by judge Victor Luiz dos Santos Laus.
"The law is strict in saying that there is a need for Coaf to conclude that there is illegality", said judge Brum Vaz. In other words, "only in the event of
a conclusion, by the agency, of criminal activity, should there be communication to the responsible authorities".
For lawyers Jacinto Coutinho and Edward Carvalho, "communication is only possible when it involves resources arising from criminal activity and when the movement of values may constitute serious evidence of crimes." According to them, the irregular evidence should be removed from the case file, in accordance with article of the Code of Criminal Procedure.
But how far can this initiative go? What is the limit that separates an atypical transaction from a clear indication of a crime, which would motivate reporting to the prosecutor's office? The question divided the judges of the th Panel of the Federal Regional Court of the th Region, in Porto Alegre. By two votes to one, the court understood that it is not up to Coaf to carry out an accurate investigation of the information it collects. If you feel you should send suspicious data to the competent authority, you can do so, as your judgment is one of "appearance". There is still an appeal.
The case involves a foreigner accused of being part of a scheme Austria Phone Numbers List to smuggle parts for slot machines, which police are investigating in four states. He is said to be the owner of bingos in Joinville (SC), in partnership with AEA, honorary consul of Spain in the city, arrested in as leader of the gang. Another six defendants respond to the lawsuit.
The court judged the case in May, but not without an interruption necessary for one of the judges to review the case. Judge Paulo Afonso Brum Vaz, in a unanimous vote, was in favor of annulling the Criminal Action, but was defeated. The rapporteur, judge Luiz Fernando Wowk Penteado, recognized the legality of the evidence, which was followed by judge Victor Luiz dos Santos Laus.
"The law is strict in saying that there is a need for Coaf to conclude that there is illegality", said judge Brum Vaz. In other words, "only in the event of
a conclusion, by the agency, of criminal activity, should there be communication to the responsible authorities".
For lawyers Jacinto Coutinho and Edward Carvalho, "communication is only possible when it involves resources arising from criminal activity and when the movement of values may constitute serious evidence of crimes." According to them, the irregular evidence should be removed from the case file, in accordance with article of the Code of Criminal Procedure.