Brazil (BR)

Jurisdiction Overview

IDQuestionAnswer
158 *Are there no undue notification and appeal rights against bank information exchange on request? Yes, but some problems.
 Data Date: 2018

Notes

 
While in 2013, the Global Forum noted that "there are no exceptions to the prior summoning procedure for accessing detailed bank account information" (GF 2013: 86), the 2018 review observed that "Brazil has further clarified the possibility of judicial waiver of prior notification in very urgent or sensitive cases" (ibid.: 73). It should be noted that the prior-notification would only be made in practice "in respect of detailed information (e.g. bank statements) which is not already in the possession of the RFB as a result of Brazil’s e-Financial reporting system" (ibid. 74). However, concerns remain, as the possibility of judicial waiver of the prior notification procedure is not explicitly clarified, nor are there explicit exceptions in its legal framework (ibid.: 73).

Sources

GF 2012: 80; GF 2013: 86; GF 2018: 73-74