STJ DECIDES THAT BUSINESSMAN WHO DOES NOT RECTIFY FALSE
INFORMATION WHEN HE AMENDS THE ARTICLES OF ASSOCIATION DOES NOT
COMMIT CRIME OF FALSE STATEMENT
The Brazilian Superior Court of Justice ("STJ")
decided that the businessman who refrained from rectifying false
information at the opportunity in which he amended the articles of
association of a company did not commit crime of false
statements.
The decision was rendered in an appeal in which a businessman
was convicted for false statements because he presented amends to
article of association, in 2010 and 2011, to the commercial
registry office without taking out the name of two people who were
used as straw men. Their names were fraudulently inserted in the
articles of association in 2003 and 2007.