TRF takes a stand on Neymar’s judgment and shields shirt 10 against punishment identified as “authoritarian”

Neymar Jr.

Menino Ney’s advice clarified the movement of the Spanish Court and exposed misconceptions about the process

(Photo by Buda Mendes/Getty Images)
(Photo by Buda Mendes/Getty Images)

Last Wednesday (28), the news that Neymar will be tried on account of the signing of his contract with Barcelona. According to a report in the newspaper “El País”, the shirt 10 will be judged by the Barcelona Court in a lawsuit filed by a Brazilian company, which claims to have been deceived when negotiating between Santos and the Spanish club. That trial was scheduled for October 17, a month before the competition in Qatar, and the star could be sentenced to prison for 2 years for the crime of corruption, if the complaint presented by the prosecution is upheld, the Spanish newspaper reported.

However, according to Neymar’s adviser, a decision by the Regional Federal Court of the 3rd Region prevents the star from going to the dock and not being punished with the penalties published by ‘El País’. However, the TRF granted, this Thursday (28), habeas corpus to suspend investigative criminal proceedings and according to the note released by the advisory“cannot even be prosecuted or arrested for the crime of tax evasion”.

The document clarifies that with the habeas corpus, “the Federal Public Ministry proposed a non-prosecution agreement (ANPP) to Neymar, for an alleged crime against the tax order, pending two tax actions. The player’s defense, Davi Tangerino Advogados, maintained that there was no certainty as to the existence of a criminal act (just cause), nor the possibility of the MPF seeking a conviction (interest to act). These conditions of action must also be present when offering an ANPP, since the agreement is an alternative to offering a denunciation”.

To explain the lack of elements that could result in a conviction against Neymar, the note points out: “Just cause disappears in the face of anticipation of guardianship in an annulment action, sponsored by Neder e Romano Advogados, which recognized that the Federal Revenue Service of Santos could not refuse the compensation of individual income tax paid on behalf of Neymar Júnior in Spain, contrary to the determination of the Administrative Council of Tax Appeals (CARF)”.

The decision of the TRF of the 3rd region is evaluated as a milestone for tax crimes, as well as in the “recognition of possible criminal effects for other hypotheses of suspension of enforceability, such as deposit and anticipation of guardianship”. To conclude, the advisory note points out that “It would be markedly authoritarian to threaten with Criminal Law those who exercise their elementary constitutional right to pay, yes, everything that is owed, but only what is owed”.

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About Banner Leon

Videogames entered his life in the late '80s, at the time of the first meeting with Super Mario Bros, and even today they make it a permanent part, after almost 30 years. Pros and defects: he manages to finish Super Mario Bros in less than 5 minutes but he has never finished Final Fight with a credit ... he's still trying.

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