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ARTICLE · 26 SEPTEMBER 2017

The Punitive Multiplicity In The Capital Markets

Unlawful conduct in the financial and capital markets is divided into three types: illicit securities and publicly-held companies; the illicit financial market; and crimes, which are subdivided...

BrazilFinance and Banking
Pedro Pinho
Pedro Pinho

Unlawful conduct in the financial and capital markets is divided into three types: illicit securities and publicly-held companies; the illicit financial market; and crimes, which are subdivided between those against the Financial System (SFN), provided for in Law No. 7,492, of June 16, 1986, and against the capital market, pursuant to Law no. 6,385, December 7, 1976.

For each species, the legislation determines a body exclusively competent to process and sanction the acts in them framed. Administrative offenses within the securities market are processed and (CVM), pursuant to articles 9 and 11 of Law No. 6,385 / 76. THE competence to punish administrative illicit transactions within the financial market, in turn, was given by article 10, item IX of Law No. 4,595, of December 31, 1964, to the Central Bank of Brazil. Crimes against the System National Court are judged by the Federal Court (article 26 of Law n ° 7,492 / 86).

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