The Court has decided the case in which Neymar was investigated for tax fraud

At the time when he defended the colours of Barcelona accused of tax fraud, the striker Neymar no chance of arrest. This Thursday, the third Regional Federal Court (TRF) granted habeas corpus to droop the felony investigation process. PSG’s quantity 10.

In addition to Neymar, the mother and father of the athlete, two former presidents of Barcelona (Sandro Rosell and Josep Maria Bartomeu), and a supervisor of Santos had been additionally in the eyes of Justice. The Spanish Public Ministry can be demanding a fee of 8.4 million euros (R$44.5 million) from Barcelona, ​​which seems as a authorized entity in the case.

+ View the 2022 World Cup desk and teams

A Brazilian firm specializing in the switch market, DIS, was the one who filed the grievance, saying that Neymar felt dangerous about his arrival at the Catalan membership. The group had 40% of the rights to the gamers, at the time in Santos, and is demanding compensation of over 150 million euros (R$794 million).

+ Possible Japan shirt revealed: see the leaked or launched kits for the World Cup


“The Federal Court of the third Region at this time (28) granted habeas corpus to droop the felony investigation process, in which the Federal Public Ministry proposed a non-prosecution settlement (ANPP) to Neymar Júnior, for an alleged crime in opposition to the tax order. pending two tax actions.

The protection of the participant, Davi Tangerino Advogados, mentioned that there was no certainty of a felony act (simply trigger), nor the chance of the MPF searching for a conviction (curiosity to behave). These phrases of motion also needs to be current when providing an ANPP, as the settlement is a substitute for providing a grievance. The simply trigger disappears in the face of the anticipation of the guardianship promoted by Neder and Romano Advogados, which acknowledged that the Federal Revenue Service of Santos couldn’t refuse the compensation of the private revenue tax paid in Spain on behalf of Neymar Júnior. Against the resolution of the Administrative Council of Tax Appeals (CARF).

There is not any curiosity, at the similar time, in entrance of the total deposit made in the tax enforcement exercise, as a result of no matter the deserves of the judicial resolution, the MPF can’t request a felony penalty in the courts: or the taxpayer is true – and due to this fact. , there isn’t any crime-, or the Treasury is true and the deposit turns into everlasting revenue, till the felony penalty disappears.

The resolution is a crucial milestone in the understanding of the ANPP, particularly in the case of tax crimes, in addition to for different instances of suspension of enforcement, reminiscent of the provision of deposit and guardianship, in recognition of the doable felony penalties. It could be remarkably authoritarian to threaten with Criminal Law those that train their elementary constitutional proper to pay what they owe, however solely what’s owed to them.”


Leave a Reply

Your email address will not be published.