The Exchange of Information for Tax Purposes between Brazil and the United States of America in Front of the Supreme Federal Court Understanding on Data Confidentiality

Abstract

The purpose of this paper is to analyze whether the exchange of information for tax purposes between Brazil and the United States of America, by request or automatically, within the Foreign Account Tax Compliance Act (Fatca), respects the limits of the right to data secrecy in Brazil, from the perspective of the Federal Supreme Court (STF) decision, when it decided about the constitutionality of provisions of Complementary Law n. 105/2001, which established the possibility of the tax authority having access to data from users of the financial system, regardless of judicial order. Starting from the STF decision and the details about the way in which the exchange of information is carried out between Brazil and the USA, the adequacy test of the systematic of the exchange of information between the countries will be carried out, especially in the way in which the Brazil receives the information from the USA.