Disclosure of Bank Secrecy Without Judicial Authorization: A Violation of Human Dignity

Abstract

Fundamental rights are intended to ensure the rights of the person, whose protection must be ensured by the State. Bank secrecy is a fundamental right and a consequence of the right to privacy and confidentiality of information. In fact, it is closely related to freedom and human dignity. Bank secrecy may be disclosed only in exceptional circumstances and with judiciary authorization. The LC nº 105/2001 was innovatory since it permits the unmediated disclosure of bank secrecy by the Treasury Department. However, basing itself on human dignity, the Brazilian Supreme Court, by RE nº 389808, rules that bank secrecy cannot be broken by the Treasury Department. The State may not access bank information without prior judicial authorization to prevent fraud and tax evasion.