The Legislação & Tributos section of the newspaper Valor Econômico reports, on page E1 (01/28), the news that the Court of Justice of São Paulo will install, still this year, two courts (varas) specialized in tax crimes, crimes against the tax order, and crimes under the public-procurement law, money laundering, and criminal organization. They will receive the cases that today are processed in the Minister Mário Guimarães Criminal Complex.
“The majority of the cases that will be distributed to São Paulo’s two specialized courts are related to tax crimes. There are 1,545 criminal actions and 6,193 inquiries underway. The remainder, in smaller quantity, is divided among cases involving procurement (77 actions and 154 inquiries), money laundering (87 actions and 530 inquiries), and criminal organizations (153 proceedings),” reports the article, authored by Joice Bacelo and Beatriz Olivon, respectively reporters in São Paulo and Brasília.
Read also:
Taxation of legal entities – new edition of the Federal Revenue Service’s Questions and Answers
The text also speaks of similar initiatives, already existing in the States of Ceará and Bahia.
According to the Court of Justice of São Paulo, demands of these natures have a differentiated degree of complexity. “Cases involving criminal organizations frequently involve telephone interceptions, searches and seizures, and even the institute of plea bargaining (colaboração premiada). In addition, they tend to have, on average, a number of defendants greater than those of other criminal cases.”
The studies for the creation of these courts – prepared by the Internal Affairs Office of the Judiciary (Corregedoria Geral da Justiça) and by the Presidency of the Criminal Law Section, under a single-registry regime, for the purpose of prosecuting and judging crimes against the Tax Order and against the Economy (arts. 1, 2, 3, and 4 of Law No. 8.137/90); crimes under the Public Procurement Law (arts. 89 and 98 of Law No. 8.666/93); crimes of Laundering or Concealment of Assets, Rights, and Values (Law No. 9.613/98); and crimes of Criminal Organization (Law No. 12.850/13), in observance of CNJ Recommendation No. 3/06 – began when the now president of the TJSP, Appellate Judge Manoel de Queiroz Pereira Calças, was Internal Affairs General of the Judiciary.
At the end of 2018, the opinion and the draft Resolution (which transfers the jurisdiction of the 33rd and 34th Criminal Courts to the 1st and 2nd Courts for Tax Crimes, Criminal Organization, and Laundering of Assets and Values of the Capital), prepared by the advisory judges Carlos Eduardo Lora Franco and Rodrigo Nogueira (Internal Affairs Office of the Judiciary) and Paulo Rogério Bonini (Presidency of the Criminal Section), were approved by Appellate Judges Geraldo Francisco Pinheiro Franco (current Internal Affairs General of the Judiciary) and Fernando Antonio Torres Garcia (current president of the Criminal Law Section) and forwarded to the Superior Council of the Magistracy.
The article is available on the newspaper’s site.
Source: Social Communication TJSP
← Back to blog