Post by xyz3700 on Feb 27, 2024 2:10:42 GMT -7
Santander Brasil reached an agreement, this Friday (31/5), to end investigations against the bank by the Parliamentary Commission of Inquiry (CPI) into Tax Evasion of the São Paulo City Council. However, lawyers interviewed by ConJur state that there is no legal provision for the agreement to end the CPI. In other words: even with the commitment, those being investigated may continue to be called to testify. Disclosure CPI was investigating Santander's tax evasion due to a front office. Disclosure The institution committed to presenting a spontaneous complaint and paying the taxes due to avoid the coercive conduct of its president, Sérgio Rial, which was scheduled to take place next Thursday (6/6). According to the document published by Fausto Macedo's blog in the newspaper O Estado de São Paulo , the institution committed to paying the total of R$ 195,568,679.00 in ISS due in operations between January and November.
Proof of deposit must be sent by 4/6. The bank was accused of having a front office for its company Santander Leasing in the city of Barueri in order to avoid paying more taxes in the capital of São Paulo. President of the Tax Tax CPI, councilor Ricardo Nunes (MDB) told the newspaper that the result of the contract demonstrated that the Commission was right about Santander's debt to the municipality. He said that 33% of the payment will be allocated to education and 15% to health as required by law. No legal provision The termination of the Chinese Malaysia Phone Number List call for testimony by agreement, however, is not provided for by law. What Santander did in confessing and repairing the damage does not automatically generate the right not to testify at the CPI. This is what lawyer Gustavo Badaró says . "It is clear that the agreement must have been politically tailored, including the withdrawal of the request for a hearing from the president of Santander. But there is no total guarantee that he cannot be heard", he comments.
For example, a deputy might want to listen to him so that he can reveal facts that he is aware of about other leasing operating companies that followed the same strategy of moving their headquarters to Barueri", he explains. Criminalist Fernando Augusto Fernandes highlighted that it is illegal to use a CPI to collect taxes. "The case is about the legal use of tax incentives, mere tax avoidance. It appears illegal to use the powers of a CPI and coercive conduct for the purpose of collecting taxes.Chamber of Private Law Trevisan: "He who avoids fulfilling his obligation, hiding assets and disdaining the creditor, must be affected by the actions of the State." Jorge Rosenberg “This measure cannot be seen as a mere punishment of the debtor, but rather the search for a useful means to preserve financial resources, which must be allocated to the creditor”, he said, also citing article 789 of the Code of Civil Procedure. The provision says that the debtor responds with his present and future assets to fulfill his obligations.
Proof of deposit must be sent by 4/6. The bank was accused of having a front office for its company Santander Leasing in the city of Barueri in order to avoid paying more taxes in the capital of São Paulo. President of the Tax Tax CPI, councilor Ricardo Nunes (MDB) told the newspaper that the result of the contract demonstrated that the Commission was right about Santander's debt to the municipality. He said that 33% of the payment will be allocated to education and 15% to health as required by law. No legal provision The termination of the Chinese Malaysia Phone Number List call for testimony by agreement, however, is not provided for by law. What Santander did in confessing and repairing the damage does not automatically generate the right not to testify at the CPI. This is what lawyer Gustavo Badaró says . "It is clear that the agreement must have been politically tailored, including the withdrawal of the request for a hearing from the president of Santander. But there is no total guarantee that he cannot be heard", he comments.
For example, a deputy might want to listen to him so that he can reveal facts that he is aware of about other leasing operating companies that followed the same strategy of moving their headquarters to Barueri", he explains. Criminalist Fernando Augusto Fernandes highlighted that it is illegal to use a CPI to collect taxes. "The case is about the legal use of tax incentives, mere tax avoidance. It appears illegal to use the powers of a CPI and coercive conduct for the purpose of collecting taxes.Chamber of Private Law Trevisan: "He who avoids fulfilling his obligation, hiding assets and disdaining the creditor, must be affected by the actions of the State." Jorge Rosenberg “This measure cannot be seen as a mere punishment of the debtor, but rather the search for a useful means to preserve financial resources, which must be allocated to the creditor”, he said, also citing article 789 of the Code of Civil Procedure. The provision says that the debtor responds with his present and future assets to fulfill his obligations.