A quebra de sigilo financeiro como competência exclusiva do poder judiciário em detrimento da competência da fazenda pública.

Abstract

This scientific research intends treat of a theme quite discussed in the financial institutions: The break of financial sigil as exclusive competence of Judiciary Authority to the detriment of the public administration. The break of bank secrecy as exclusive competence of Judiciary Authority. The developed work was guided by the following objectives: in the first moment, it's analyzed the theme under the point of view, of juridical definition, object and foundations, emphasizing the freedom given to the State by the people, when in the elaboration of the Social Pact, and the abusive way as the State uses that freedom to reach their objectives, showing the inobservance of the same to the basic origins of the Right's Democratic State leaving acting in agreement with the Constituent Authority, expressed wish of the People in the elaboration of his Constitutional Letter, to legislate on behalf of their own interests; in the second moment, it's treated treats of constitutionality of theme and of bad habit harms of the adoption of the legislation of the competitive competence, and in the last moment, it's link relates the exclusive competence of the Judiciary Authority with the origins: of the organic separation of the powers, of the unauthorized indelegabily of attributions, of the impossibility of simultaneous exercise of functions and the of jurisdiction reservation. The present research was based, therefore, in the consultation the doctrines, codes, laws and extracted articles of the Internet. To the proposed activity's reach, was shown appropriate the use of bibliographical methods and juridical interpretations. The Financial bank establishments are without a doubt one of the most important pillars of the modern society, in virtue of they be propulsory springs of the capital insert in investment form, sometimes in the financing form, being the main means of circulation of wealth and the most affected for they be hostages at same time of the customer and of the State. At the end of research, really there was the confirmation of the problem and of the elaborated hypothesis, which are: problem - In the one what does the competence refer for the break of the financial secrecy, should she be exclusive of the Judiciary Authority? Is there exclusive competence of the Judiciary Authority for break of the bank secrecy? Hypothesis - Yes, because it's understands each other that the break of financial sigil directly for administration agents without the appreciation of the Judiciary Authority be submitted, it's unconstitutional. Other understands that the break of bank secrecy for agents of competitive competence is unconstitutional.