Banking secrecy is a constitutional guarantee to intimacy Current particularities of the breach of banking secrecy and private life and is as a fundamental right in article 5, items X and XII, of the Constitution. Which protects the inviolability of the secrecy of correspondence and telegraphic communications, data and of telephone communications. The exception of accessibility only by court order, in the hypothesis and in the manner by law for the purposes of criminal investigation or criminal instruction. Said guarantee is as a permanent clause by article 60, paragraph 4 of the Constitutional Text, and cannot undergo changes at it through a constitutional amendment.
However this norm must be read
Conjunction with article 192 of the same constitutional order, which provides Current particularities of the breach of banking secrecy for the necessary regulation of the national financial system by complementary regulations, which occurred through the material reception of Ordinary Federal Law 4,595/1964, with status of complementary law, and the Buy Phone Number List publication of complementary laws 104 and 105, both from 2001. Law 4,595/1964 regulates monetary, banking and credit institutions, in addition to creating the National Monetary Council.
In turn gave a new wording
Article 198 of the National Tax Code, prohibiting the disclosure of tax and banking data and establishing Current particularities of the breach of banking secrecy reservations regarding criminal investigation or instruction, when in the interests of Justice, and also regarding tax representations for criminal purposes. But the main current diploma on banking secrecy is Complementary Law 105/2001, which imposes on financial institutions the maintenance of secrecy in their AOB Directory active and passive operations and provides, in its article 1, paragraph 3, on several hypotheses that do not characterize a violation.
