Order No. 10348 of 2024: The Statute of Limitations in Financial Intermediation Penalties

The recent order no. 10348 of April 17, 2024, issued by the Court of Cassation, addresses a matter of significant importance in the field of financial intermediation and administrative penalties. In particular, the ruling clarifies the application of the five-year statute of limitations provided for by Article 28 of Law No. 689 of 1981, highlighting the specificity of this regulation compared to that contained in Law No. 241 of 1990.

The Regulatory Context

The central issue of the ruling concerns the statute of limitations for administrative penalties for violations of financial intermediation rules. Article 28 of Law No. 689 of 1981 establishes a five-year statute of limitations for the imposition of penalties, which has been confirmed by the Court as applicable in this specific context.

The Court reiterated that Law No. 689 of 1981 constitutes a complete system in the area of administrative penalties. Therefore, even though Law No. 241 of 1990 is subsequent, it cannot prevail over what has already been established by the previous regulation, thus creating a situation of specificity. This principle of specificity is fundamental, as it ensures legal certainty for operators in the financial intermediation sector.

Summary of the Ruling

Violation of provisions regarding financial intermediation - Five-year statute of limitations under Article 28 of Law No. 689 of 1981 - Applicability - Basis. In the matter of administrative penalties for violations of the rules governing financial intermediation activities, the five-year statute of limitations provided for by Article 28 of Law No. 689 of 1981 applies, and not the different terms provided for by Law No. 241 of 1990 because Law No. 689 of 1981 constitutes a complete system, and the regulation of the imposition of administrative penalties is in a relationship of specificity compared to that of administrative proceedings in general; therefore, the latter, even though subsequent to the former, does not lead to the annulment of the previous one.

This summary provides a clear overview of the Court's reasoning, emphasizing the importance of a consistent approach in the application of regulations regarding penalties. The distinction between the statutes of limitations, in fact, is crucial for ensuring proper management of disputes and protecting the rights of economic operators.

Conclusions

In conclusion, order no. 10348 of 2024 represents a significant step in defining the regulatory framework regarding administrative penalties for financial intermediation. It reaffirms the applicability of the five-year statute of limitations provided for by Law No. 689 of 1981, highlighting its specificity compared to more recent regulations. This ruling not only clarifies the rights and duties of sector operators but also contributes to greater legal certainty in an often complex area subject to diverse interpretations.

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