Abstract

This text analyses Law N 21.000 that created the Commission for the Financial Market, regarding one of its two main objectives: modernizing the sanctions proceedings. More precisely, this examination concerns the courts guarantee of impartiality. Taking in account the numerous critics formulated against the former system, it was argued that the minimal procedural guarantees were not met. Our hypothesis suggests that the measures initiated by this law satisfies to a good extent the ambition expressed by the legislator regarding the alluded guarantee. This does not preclude the existence of yet to be answered questions, criticism and subsequent improvements. Therefore, we will compare it with the previously existing system and with the requirements that were formulated concerning the same guarantee by the regulatory doctrine and comparative law.