It is important not to lose sight of this: appearances are extremely relevant in law, although it is possible to prove the opposite, that is, that what appears to be true is not. And, furthermore, there are even situations in which it is necessary to prove the opposite. If one is not faced with these exceptional situations of proof or duty of proof, the phenomenon prevails: that which is made known, which is accepted by all; in other words, appearances prevail. Even as evidence of the practice of illegal acts.
Examples? Of course! In 2008, the Federal Police launched the so-called bulk sms ireland Operation Bicho Mineiro and the basis of the entire investigation was appearances. People who, legally, did not have sufficient assets to cover their liabilities (tax, labor, etc.), flaunted a life of luxury: they appeared to have them, although they claimed to have nothing. These were assets held by front men, in Brazil and abroad, within a process of asset shielding. And asset shielding is an illegal act, as we had the opportunity to demonstrate. The option available to the parties is legal planning through lawful acts: opting for the best structuring using legal means. And it was appearances, equally, that guided many other similar operations, such as Operation Rotterdam and Operation Monte Éden.
Appearances as a determining factor in the reversal of the burden of proof
But let us leave aside tax fraud and its criminal offenses and move on to the issues that we address in Divorce, Dissolution and Fraud in the Division of Assets: corporate and corporate simulations (Editora Atlas). Anyone who follows the issue of asset divisions and the challenge of the possibility of fraud to undermine the correct division of assets needs to consider the legal relevance of appearances as a determining factor in reversing the burden of proof. Anyone who appears to have wealth, but claims that appearances are deceiving , has the legal duty to prove such deception of appearances , that is, to prove that the appearance of wealth, disconnected from income (cash), active and passive assets (debts contracted), is regular.
The issue is also examined from the perspective
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