Dimensão constitucional do sigilo bancário

Abstract

The development of the subject "Constitutional Dimension of the Secrecy Banking" will be useful to clarify the excellent points on the matter and to examine the adequacy of the secrecy banking to the Federal Constitution. What it is intended with this work is to demonstrate if the Complementary Law nº 105/2001, which authorizes the solicitation of financial information of the contributor, adjusts to the norms and principles of the Great Letter of 1988, being able to be effectively applied. Also it is intended to demonstrate that it does not have a banking secrecy in addition, and yes, mere transference of financial data, remaining the secrecy; that it is not an absolute right of the contributor; and that a possible collision between constitutional principles, must be made with a proportionality judgment in order to satisfy the principle with bigger weight, restricting less the moved away principle.