The fluid recovey in class actions executions in Brasil and the Diffuse Rights Defense Fund (FDD)

Autori

  • Fernanda Lissa Fujiwara Homma Federal University of Paraná

Parole chiave:

Pecuniary ezecutions, Class actions, Administrative funds, Fluid recovery

Abstract

In the execution of class acrions in Brazil, something that is especially important is the administrative funds for being the current destination of the pecuniary damages. It is an institute that, supposedly, has as main function to operate the fluid recovery. Its seeks to repair the legal asset in the best possible way, when a specific injunction is impracticable. However, at the same time, it moves away from the idea of an execution connected to the jurisdiction and the potential of the injuctions determined to operate in the case. Thus, based in an analytical methodology, we seek to study the configuration and performance of the main fund in Brazil, which is Diffuse Rights Defense Fund (FDD). From the origin of its resources to the problem of their proper destinationwe seek, above all, to hightight the conflict of the need to repair the originally harmed legal asset in the best possible way, with the way the funds operate, that is openly disconnected from the adjudicative process.

Downloads

I dati di download non sono ancora disponibili.

Biografia autore

Fernanda Lissa Fujiwara Homma, Federal University of Paraná

LLM in Law at the Federal University of Paraná. Member of the Comparative Civil Procedure Law Nucleum at the Federal University of Paraná. Lawyer.

Downloads

Pubblicato

2017-12-15

Come citare

HOMMA, Fernanda Lissa Fujiwara. The fluid recovey in class actions executions in Brasil and the Diffuse Rights Defense Fund (FDD). Civil Procedure Review, [S. l.], v. 8, n. 3, p. 123–138, 2017. Disponível em: https://civilprocedurereview.faculdadebaianadedireito.com.br/revista/article/view/163. Acesso em: 23 nov. 2024.

Fascicolo

Sezione

Artigos