Quebra do sigilo bancário e fiscal nas ações de alimentos decorrentes do poder familiar frente à privacidade e ao princípio da dignidade da pessoa humana

• Autor(a) principal: Leandro, Yasmin de Oliveira
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5728
• topic: Sigilo bancário; Sigilo fiscal; Direitos e garantias fundamentais

The main objective of this monographic work is to identify if the breach of banking and fiscal secrecy in food actions violates the principle of privacy and prioritizes the dignity of the human person. The nature of the research on the level was exploratory and on the qualitative approach. The procedure used for data collection was the bibliographical one. The chosen research technique consisted in the accomplishment of several investigations in doctrinal materials already existent and consecrated in the legal means, being such lessons corroborated with the jurisprudence. Based on this, a study was carried out on food, from its conception and purpose through the characteristics of the right and the duty to food provision, focusing on food action and the binomial possibility x necessity that should be used when setting the food budget. In addition, it was discussed on the fundamental rights and guarantees, from the first dimension of human rights and ending with an in-depth study on the right to privacy of the individual, enshrined in the Brazilian Federal Constitution, as well as the basic principle of law that is the dignity of human person. Thus, it was possible to conclude that the breach of banking and fiscal secrecy are not absolute institutes, and can be broken as an exceptional measure to meet individual rights that can not fail to be prioritized, as is the case of the dignity of the human person. It occurs that, even if they are subject to breach, certain requirements must be observed, such as the exceptional measure of the case, deferment in a judicial measure made by the court of law, always motivated, and due respect must be given to due process of law, observing the principles of contradiction and ample defense.