Fundos de reparação dos interesses difusos e coletivos e sua efetividade

• Ano de defesa: 2012
• Autor(a) principal: Coelho, Osvaldo de Oliveira
• Orientador(a): Fessel, Regina Vera Villas Bôas
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: BR
• Palavras-chave em Português: Fundos de reparação; Fundo de Defesa dos Direitos Difusos (FDD); Fundo Estadual de Defesa dos Interesses Difusos (FID); Danos a bens e interesses metaindividuais; Reparação a bens e interesses difusos e coletivos; Formas de reparação
• Palavras-chave em Inglês: Repair Funds; Fund for the Defense of Diffuse Rights (FDD); State Fund for Protection of Diffuse Interests (FID); Damage to property interests and individual goals; Repairs to goods and diffuse and collective interests; Forms of compensation
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/5845

In various public actions in defense of individual interests has been common goal setting daily fine in case of noncompliance with court decisions, as well as judicial or extrajudicial agreement they signed last adjustment in terms of conduct. Also in cases where the recovery to the previous state of diffuse damages to property and collective proves unfeasible, there is condemnation in damages in money payments. In these cases, in overall, the calculated values should revert to a fund for the repair of diffuse and collective interests (national and state), according to article 13, caput , of Law n. 7.347/85. Of course, these funds is intended not only to repair the damages caused to the environment, but also to consumers, taxpayers, the disabled, the elderly, public health, housing and town planning, citizenship, assets and rights of artistic, aesthetic, historical, tourist, natural, per violation to the economic and other diffuse and collective interests, according to article 1º., §1º., of Law n. 9.008/95, which regulates the Defense Fund of Diffuse Interests in the São Paulo State. We must also mention that such funds exist at the federal and state areas, were created by the article 13 of Law n. 7.347/85, after being regulated by others laws. It is also to stress that the collected resources by such funds will be primarily for the purpose of repairing diffuse and collective interests, scientific and education events, and editing informational material related to the nature of the breach or damage caused, and may also be used to improve the administrative public departaments. Our goal is the choice of subject to analyse in depth the creation of such funds for repair, looking for a paradigm in American institutions, from where the legislation has inspired. It is, also, our goal to examine how resources are being used and the actual results of its use. This review should be performed in our study, with a focus on practical questions. With this aim, if not exhaust the matter, at least to reflect about the subject and a humble contribution to the improvement of the forms of a repair individual goals interests.