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ARTICLE · 22 SEPTEMBER 2020

Newsletter – June/20 | White Collar

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This case decision opens an important discussion regarding the moment in which the false statements crime is committed.

BrazilCriminal Law

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.

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