The Guimarães Court of Appeal confirmed the freezing of a bank account held by a foreign citizen, after transactions exceeding 500,000 euros were detected in an account opened with expected monthly use of less than 500 euros. According to the newspaper O Minho, the ruling, dated January 27, maintains the decision initially taken by the Caminha Court, given signs of money laundering and the risk of dissipation of funds.
The precautionary measure was applied after authorities identified a pattern of operations considered compatible with qualified tax fraud. According to the same source, the elements collected point to a possible way of working typical of money laundering, involving international transfers and subsequent sending of money abroad and to companies.
Movements above forecast
The account in question was for Minimum Banking Services and had been opened with the expectation of moving less than R$500 per month. However, the newspaper writes, there were inflows of more than 500,000 euros in a short space of time, a situation that led to judicial intervention.
The transfers received came from abroad and were followed by new transfers outside the country. According to the same source, the justifications presented were based on handwritten loan contracts, the consistency of which was analyzed as part of the process.
Lack of declared income
The Court also valued the fact that the account holder had not submitted income declarations in Portugal. The publication adds that investments in cryptocurrencies were also identified, circumstances considered relevant in the overall assessment of the case.
According to the same source, the judges also took into account the need for international cooperation, already underway, to determine the origin of the funds transferred.
Appeal and alleged irregularities
The account holder appealed the decision to the Court of Appeal, alleging that the Caminha Court’s order suffered from procedural irregularity due to a lack of reasoning. However, the ruling now confirmed states that “even if there was a lack of reasoning, it would be an irregularity that should have been argued within the legal deadline”, which did not occur.
The decision also adds that the allegation of unconstitutionality presented did not concern a specific rule. As the court highlights, this claim fell “on the decision itself, which is not admissible in the Portuguese system of concrete monitoring of constitutionality”.
Criteria applied by the court
In assessing the case, the Guimarães Court of Justice considered that the law that allows the freezing of accounts does not require full proof or particularly intense evidence. The same newspaper writes that the existence of a reasonable probability of committing a crime is sufficient, as it is a precautionary measure.
This precautionary nature implies that the freezing may be reversed if, during the course of the investigation, it is concluded that the evidence is not confirmed. The court understood that, given the elements gathered, there was a real risk of resources being wasted.
Measurement maintenance
Therefore, the Relationship decided to maintain the freezing of the account, considering that the signs identified justify the continuation of the measure while the investigative steps take place. According to the newspaper, the objective is to safeguard the eventual recovery of values that may be linked to criminal activity.
The ruling reaffirms that judicial intervention is based on the need to prevent the movement of capital whose origin is not clear. According to the same source, the decision falls within the legal regime applicable to precautionary measures in the context of suspected money laundering.
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