Post by account_disabled on Mar 7, 2024 7:07:48 GMT
On October th, the OAB unanimously approved an opinion against this legislative initiative, as several unconstitutionalities were highlighted in its text.
It draws a lot of attention, among other aspects, the purpose of including in the list of people subject to the so-called control mechanism, providers of “advisory, consultancy, counseling or assistance, of any nature”, in the purchase and sale operations of real estate, corporate interests, creation, operation or management of companies of any nature, sale or acquisition of rights over contracts related to sporting or artistic activities.
Professionals are obliged to maintain a client register, detailed BTC Number Data records of transactions and communicate them (revealing them, therefore), if they consider them “atypical”, to the state control bodies, all under penalty of a fine of up to R$ millions…
Further training is unnecessary to conclude that the project in question openly violates various fundamental rights. Among them, those of the legal profession, which is guaranteed in the Constitution and in the ordinary legal system guarantees relating to professional secrecy and its free exercise, which is considered a public function and essential to the jurisdiction of the State (article of the Federal Constitution).
Professional privacy, as a prerogative, translates the citizen's guarantee, in that anyone who seeks a lawyer and exposes their privacy and conflicts to him, cannot have this confidentiality violated by the State, under penalty of denying his status as a Democrat and right.
Nilo Batista reminds us that “those who think that the invasion of law firms, in search of clients' professional secrecy, is justified due to the possible clarification of a crime, must think it is equally legitimate to introduce microphones in confessionals or in psychoanalytic care offices” .
The public interest in the inviolability of the lawyer/client relationship is so relevant that the Code of Criminal Procedure prohibits him from testifying about what he knows through professional practice. The Penal Code goes further: it defines such indiscretion as a crime.
It draws a lot of attention, among other aspects, the purpose of including in the list of people subject to the so-called control mechanism, providers of “advisory, consultancy, counseling or assistance, of any nature”, in the purchase and sale operations of real estate, corporate interests, creation, operation or management of companies of any nature, sale or acquisition of rights over contracts related to sporting or artistic activities.
Professionals are obliged to maintain a client register, detailed BTC Number Data records of transactions and communicate them (revealing them, therefore), if they consider them “atypical”, to the state control bodies, all under penalty of a fine of up to R$ millions…
Further training is unnecessary to conclude that the project in question openly violates various fundamental rights. Among them, those of the legal profession, which is guaranteed in the Constitution and in the ordinary legal system guarantees relating to professional secrecy and its free exercise, which is considered a public function and essential to the jurisdiction of the State (article of the Federal Constitution).
Professional privacy, as a prerogative, translates the citizen's guarantee, in that anyone who seeks a lawyer and exposes their privacy and conflicts to him, cannot have this confidentiality violated by the State, under penalty of denying his status as a Democrat and right.
Nilo Batista reminds us that “those who think that the invasion of law firms, in search of clients' professional secrecy, is justified due to the possible clarification of a crime, must think it is equally legitimate to introduce microphones in confessionals or in psychoanalytic care offices” .
The public interest in the inviolability of the lawyer/client relationship is so relevant that the Code of Criminal Procedure prohibits him from testifying about what he knows through professional practice. The Penal Code goes further: it defines such indiscretion as a crime.