Paris Saint-Germain striker Neymar has managed to get a case dismissed in a Brazilian court and now he cannot be ‘prosecuted or detained’ for tax evasion in his country, in connection with two tax actions, said his lawyer. The regional federal court of the 3rd region of Brazil has decided to suspend a “criminal investigation procedure” in which the prosecution offered an agreement to avoid putting him at the bar.
However, the court found there was not enough evidence for the prosecution to offer a deal. “It would be clearly authoritarian to threaten with criminal law whoever exercises his elementary constitutional right to pay everything when due, but only when due,” the footballer’s defense alleged in a note, represented by the law firm David Tangerino Advogados.
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In the Brazilian case, Neymar is accused of tax evasion for not having declared his taxes correctly and, therefore, not having paid the corresponding tax charges relating to certain payments he and his family received from Barcelona between 2011 and 2013. , while still a Santos player. .
Brazilian tax authorities imposed a fine of 188 million reais (today around $36 million), which the footballer managed to reduce considerably thanks to a series of appeals before the courts. In May 2020, he also obtained an injunction allowing him to suspend payment of the fine until the case was tried. Neymar’s defense alleges that much of the money demanded by the Brazilian authorities was paid in Spain, while he was playing for Barcelona, through the payment of taxes in that country, the values of which should be subtracted from the fine.
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After the dismissal of the case, his lawyers insisted that there was “no minimum certainty about the existence of a criminal act”, nor “the possibility that the Federal Prosecutor’s Office will require a conviction or has an “interest in acting”. “These conditions must be present when a non-prosecution agreement is offered, since the agreement is an alternative to filing a complaint”, argued Neymar’s lawyers, an argument which was accepted by the Brazilian justice .