The direct relationship between SARLAFT and fundamental rights: Analysis of T-113 of 2025

The ruling stems from the case of a citizen who, after having served a sentence for the crime of embezzlement by appropriation, encountered multiple barriers when trying to open a savings account and was unable to do so satisfactorily.

In its decision, the Court emphasized that financial entities cannot make decisions based on subjective assessments or outdated data. It also pointed out that access to the financial system is directly related to fundamental rights, such as equality, work and the minimum vital. Therefore, SARLAFT mechanisms must incorporate individualized risk analysis and proportional measures.

The Court acknowledged that the denial of access to financial services may be justified when dealing with persons with a history of crimes that constitute a source of ML/FT; however, it stressed the importance of maintaining constant monitoring after the linkage. In other words, an initial evaluation is not enough: monitoring must be permanent. Thus, the essential aspect of this ruling is the strengthening of SARLAFT procedures. Additionally, the Court also emphasized respect for the principle of presumption of innocence, stressing that the fact of being linked to a criminal investigation cannot, by itself, justify the denial of financial services. As long as there is no final conviction, an automatic exclusion cannot be applied, as this would violate the guarantee of equal and fair treatment

The ruling also urged the Superintendency of Finance to issue a specific circular that establishes clear guidelines for the linking of people with criminal records. This will directly impact the way in which financial institutions manage their risks, promoting decisions based on objective and verifiable criteria.

Thus, the Court recommended entities to review and adjust their internal policies related to SARLAFT, update their risk matrices, and keep a detailed record of each case in which they decide not to link a person. With these provisions, we seek to prevent decisions based on stigmas or outdated information, favoring a more equitable and inclusive financial system.

How can we help you?

In Forvis Mazars we have professional experts in the implementation of SARLAFT, as well as in terms of knowledge of the sectors involved and obliged subjects. In case you require support in the implementation or compliance with the obligations contained in this bulletin, please contact us at the contact emails and we will gladly analyze the best way to support you.