The Supreme Federal Court authorizes the transfer of confidential banking information to the Federal Revenue Service without judicial authorization.

On February 18, 2016, the Federal Supreme Court issued a decision that changes the Court's jurisprudence, allowing banks to directly provide information on taxpayers' financial transactions to the Federal Revenue Service, without the need for judicial authorization, thus making the provisions of Complementary Law No. 105/2001 (LC) constitutional.

The decision itself is not surprising, as it follows a global trend. Through international treaties, Brazil has committed to exchanging information that would otherwise be considered confidential with several countries without any authorization.

The G20 itself, which brings together the leaders of the world's twenty largest economies, is avidly campaigning against banking secrecy. Switzerland, Belgium, Luxembourg, and Singapore are collaborating with this movement and are already signatories to international conventions that relax their countries' information exchange rules to remove them from the notorious "grey list."

All of this aims to achieve greater international transparency, thus preventing crimes such as tax evasion and money laundering.

Although seen as progress by some, the fact is that this decision by the Supreme Court creates legal uncertainty since, by not observing the constitutional rule that is not susceptible to "weighing", the fundamental freedoms and constitutional guarantees of citizens guaranteed in article 5, item XII, of the Federal Constitution (the country's highest law) are violated, especially the inviolability of data confidentiality, without the due legislative process having taken place within the National Congress to modify the constitutional text.

The Federal Constitution, although not ideal for many, is a rigid document and is at the pinnacle of Brazilian legal norms and must, therefore, be complied with and respected.

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