Post by account_disabled on Mar 11, 2024 0:42:55 GMT -6
The th Panel of the Superior Court of Justice denied a request for Habeas Corpus to suspend criminal proceedings against a Belgian accused of ideological falsehood and embezzlement. Responsible for a yacht, he declared to the Federal Revenue Service that the vessel, brought illegally to Brazil, cost US$, However, the IRS valued the boat at more than R$ million.
The judge called Haroldo Rodrigues pointed out several irregularities in the case. Despite being identified as a sailboat, it was actually an oceangoing yacht measuring over meters. The boat's captain was declared a tourist, but left as soon as he left the vessel in port. This fact would indicate the clear intention of avoiding the collection of taxes on imports, the Tax on Industrialized Products (IPI) and Cofins.
The judge said that, to analyze the true value of the yacht, or Austria Phone Numbers List whether it was commercially exploited for events, it would be necessary to analyze the evidence, something prohibited by Summary number of the STJ.
“For it to be possible to suspend criminal proceedings, the atypicality of the fact, the absolute lack of evidence of materiality and authorship of the crime, must be evident”, he commented. For him, that wouldn't be the case. Rodrigues considered that the allegations of gross error and there being no reason for the loss of the property could not be analyzed in Habeas Corpus.
In April , the yacht, named Wega, docked in the port of Rio de Janeiro and the owner claimed that the vessel needed emergency repairs. The vessel was accepted and given a period of days to carry out repairs. Subsequently, several requests were made to renew the term.
In , the Federal Revenue ordered the confiscation of the vessel and imposed a fine of R$ million, on charges of embezzlement and misrepresentation due to the irregular registration of the yacht and its value. In addition to tax evasion, it was also proven that the vessel was commercially exploited between and , including rented to Fashion Rio.
The Belgian's defense filed a request for Habeas Corpus to block the criminal action at the rd Federal Criminal Court of Rio de Janeiro. The allegation was that the accused's conduct would be atypical (not described as a crime).
The defense stated that the fact that the vessel was rented would not characterize the crime of embezzlement, as rentals would not prove the desire to definitively import the good and would not generate the same taxes as imports.
The request was denied and an appeal was made to the Federal Regional Court of the nd Region with the same allegation. The TRF-, however, maintained the decision of the rd Court and denied the request.
The judge called Haroldo Rodrigues pointed out several irregularities in the case. Despite being identified as a sailboat, it was actually an oceangoing yacht measuring over meters. The boat's captain was declared a tourist, but left as soon as he left the vessel in port. This fact would indicate the clear intention of avoiding the collection of taxes on imports, the Tax on Industrialized Products (IPI) and Cofins.
The judge said that, to analyze the true value of the yacht, or Austria Phone Numbers List whether it was commercially exploited for events, it would be necessary to analyze the evidence, something prohibited by Summary number of the STJ.
“For it to be possible to suspend criminal proceedings, the atypicality of the fact, the absolute lack of evidence of materiality and authorship of the crime, must be evident”, he commented. For him, that wouldn't be the case. Rodrigues considered that the allegations of gross error and there being no reason for the loss of the property could not be analyzed in Habeas Corpus.
In April , the yacht, named Wega, docked in the port of Rio de Janeiro and the owner claimed that the vessel needed emergency repairs. The vessel was accepted and given a period of days to carry out repairs. Subsequently, several requests were made to renew the term.
In , the Federal Revenue ordered the confiscation of the vessel and imposed a fine of R$ million, on charges of embezzlement and misrepresentation due to the irregular registration of the yacht and its value. In addition to tax evasion, it was also proven that the vessel was commercially exploited between and , including rented to Fashion Rio.
The Belgian's defense filed a request for Habeas Corpus to block the criminal action at the rd Federal Criminal Court of Rio de Janeiro. The allegation was that the accused's conduct would be atypical (not described as a crime).
The defense stated that the fact that the vessel was rented would not characterize the crime of embezzlement, as rentals would not prove the desire to definitively import the good and would not generate the same taxes as imports.
The request was denied and an appeal was made to the Federal Regional Court of the nd Region with the same allegation. The TRF-, however, maintained the decision of the rd Court and denied the request.