Post by account_disabled on Mar 10, 2024 23:28:12 GMT -5
The Federal Court is competent to judge actions for fraud in a leasing contract. The decision is from the rd Section of the Superior Court of Justice. The majority of ministers considered that the fraud committed constitutes a crime against the financial system. Thus, the jurisdiction of the Federal Court is justified.
The rapporteur of the case, Arnaldo Esteves Lima, stated that the competence to analyze the fraud lies with the Department of Inquiries and Judiciary Police (Dipo), as the loan through fraudulent opening of a current account characterizes a financial operation that does not require a certain end, contrary to the financing, which has a certain purpose.
The summoned judge Celso Limongi, who requested a view Austria Phone Numbers List to examine the process, cited a Special Appeal from his report that dealt with a similar subject. In both cases, he concluded that it was a crime against the national financial system (article of Law ,/). For the judge, the fact that financial leasing does not constitute financing does not, in itself, rule out the configuration of the offense provided for in the aforementioned article. “The fact is that, although it is not financing, it constitutes the core or preponderant element of this type of leasing,” he stated.
To establish the crime, it is enough to obtain, through fraud, financing “from a financial institution”. The judge had his vote accompanied by ministers Maria Thereza de Assis Moura, Napoleão Maia Filho, Og Fernandes and the summoned judge Haroldo Rodrigues. Minister Arnaldo Esteves Lima had his vote accompanied by minister Jorge Mussi.
Therefore, the Federal Court of the th Criminal Court Specializing in Crimes Against the National Financial System and Money Laundering of the Judicial Section of the State of São Paulo was declared competent to judge the action. With information from the STJ Press Office.
The rapporteur of the case, Arnaldo Esteves Lima, stated that the competence to analyze the fraud lies with the Department of Inquiries and Judiciary Police (Dipo), as the loan through fraudulent opening of a current account characterizes a financial operation that does not require a certain end, contrary to the financing, which has a certain purpose.
The summoned judge Celso Limongi, who requested a view Austria Phone Numbers List to examine the process, cited a Special Appeal from his report that dealt with a similar subject. In both cases, he concluded that it was a crime against the national financial system (article of Law ,/). For the judge, the fact that financial leasing does not constitute financing does not, in itself, rule out the configuration of the offense provided for in the aforementioned article. “The fact is that, although it is not financing, it constitutes the core or preponderant element of this type of leasing,” he stated.
To establish the crime, it is enough to obtain, through fraud, financing “from a financial institution”. The judge had his vote accompanied by ministers Maria Thereza de Assis Moura, Napoleão Maia Filho, Og Fernandes and the summoned judge Haroldo Rodrigues. Minister Arnaldo Esteves Lima had his vote accompanied by minister Jorge Mussi.
Therefore, the Federal Court of the th Criminal Court Specializing in Crimes Against the National Financial System and Money Laundering of the Judicial Section of the State of São Paulo was declared competent to judge the action. With information from the STJ Press Office.