The System Of Collective Rights

1873 WordsApr 6, 20178 Pages
A lot has been said about the Brazilian system for the protection of collective rights, of its innovations in terms of procedure, and especially the possibility of protecting interests that in the past could not reach the Courts. However, it seems that the effectiveness of its execution is not discussed to the same extent. In general, the specific injunctions are preferred due to the very nature of the rights involved. However, not rarely it ends up being unsuccessful, so that the pecuniary reparation remains. In these cases, it seems that the system created a safeguard, by predicting that the amount from convictions in class actions, or the leftover values after individual executions are filled should be directed to funds – that, in turn,…show more content…
Thus, it is fundamental to analyze how it was developed and the main critics that it has been suffering. Next, the Diffuse Rights Defense Fund (FDD), a reference for the analysis for funds on class actions, is analyzed, since it is has the most resources and its regulation is the strongest and unified. It is about analyzing its configuration, operation, origin and application of the amount of money that it is assigned to allocate. Again, based on the comparative study it is investigated what the doctrine considers an institute closer to the configuration of the funds in class actions, which is the CERCLA Superfund, an USA administrative fund, linked to the Environmental Protection Agency (EPA) created specifically to deal with the issue of toxic waste. Finally, it is sought to make a comparative balance between the possibilities of the fluid recovery within the executions of class actions in Brazil. THE EXECUTION AND THE EXECUTION OF COLLECTIVE ACTIONS Often the judge, in solving the litigation, ends up not granting protection to the right, which means that, even if the author gets a favorable sentence, not necessarily it will have its protection, being necessary also the executive provision. If, on one hand, enforcement is perceived as the moment in which judicial decision is materialized, on the other hand, it is essential to give the necessary attention and recover the complexity execution as a fundamental point in the judicial protection of rights. In
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