Did you know that, in cases of alimony, the bank secrecy of an alimony payer can be breached in order to guarantee the right to alimony for a minor child?
STJ decision: breach ofo bank secrecy to guarantee pension to alimonyalimony
In a recent decision, the 3rd Panel of the Superior Court of Justice (STJ) ruled that the tax secrecy of the alimony payer can be broken in order to ascertain his real financial capacity and ensure the right to alimony for his minor child.
In the case in question, an action for maintenance, the alimony claimant refused to provide his financial details, which were necessary in order to analyze his monetary availability and determine the amount to be arbitrated as maintenance.
To this end, the judge at first instance ordered that the alimony payer’s tax secrecy be breached in order to obtain data that would be used to calculate the amount of alimony. After an appeal, the decision was upheld by the STJ.
Implications of the decision for the right to food
In the Supreme Court, Justice Moura Ribeiro, the rapporteur of the case, emphasized that tax secrecy is not absolute and can be relativized due to relevant interests, such as the right of a minor child to food.
The rapporteur’s decision is in line with Complementary Law 105/2001, whose article 1, paragraph 4, item VIII states that bank secrecy may be breached when necessary to ascertain the occurrence of any illicit act, in legal proceedings, or when there is suspicion of concealment of assets, rights and values.
Continuing his reasoning, the Justice stated that the purpose of breaking bank secrecy in this case is to adjust the needs of the minor and the possibility of the alimony payer paying maintenance.
ConclusionConclusion
In this way, the decision of the 3rd Panel of the STJ reinforces the idea that, in cases of relevant interest or particular exceptionality, bank secrecy can be violated, which demonstrates its possible flexibility.
The understanding reaffirms the need to balance individual guarantees and fundamental rights, as well as preventing legal devices from being used to evade legal obligations.
See also other STJ decisions:
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