Post by account_disabled on Jan 30, 2024 3:53:26 GMT -8
Diffuse rights are those that belong to the collective, to an indeterminate group of people linked by a circumstance, such as consumers affected by a cartel or indigenous people who had their lands affected by dams. Convictions for violations of these rights, in Brazil, result in the payment of compensation to the Fund for the Defense of Diffuse Rights. However, the amount collected, which should be used to repair the damage, has been used by the Union to inflate the primary surplus account.
Kittichai Songprakob/123RF Kittichai Songprakob/123RF A survey Buy Phone Number List carried out by the electronic magazine Consultor Jurídica shows that the Fund received R$ 1.9 billion in the last seven years, but less than 3% of this was applied to the purposes determined by law. Almost all of the money went to the Union's coffers, through the back door. In 2016 alone, R$775 million reached the Fund. The money comes mainly from fines applied by the Administrative Council for Economic Defense (Cade) to companies convicted of forming a cartel, also originating from convictions in public civil actions for liability for damage to the environment, consumers and investors in the market.
securities, for example. The Fund belongs to the Ministry of Justice and is managed by the Federal Management Council of the Fund for the Defense of Diffuse Rights. In the law, its declared objective is “the repair of damages caused to the environment, the consumer, goods and rights of artistic, aesthetic, historical, tourist, landscape value, by violation of the economic order and other diffuse and collective interests”. The minister highlighted that the STJ's jurisprudence has evolved to the understanding that it is not any contractual violation that gives rise to a conviction for moral damages.
Kittichai Songprakob/123RF Kittichai Songprakob/123RF A survey Buy Phone Number List carried out by the electronic magazine Consultor Jurídica shows that the Fund received R$ 1.9 billion in the last seven years, but less than 3% of this was applied to the purposes determined by law. Almost all of the money went to the Union's coffers, through the back door. In 2016 alone, R$775 million reached the Fund. The money comes mainly from fines applied by the Administrative Council for Economic Defense (Cade) to companies convicted of forming a cartel, also originating from convictions in public civil actions for liability for damage to the environment, consumers and investors in the market.
securities, for example. The Fund belongs to the Ministry of Justice and is managed by the Federal Management Council of the Fund for the Defense of Diffuse Rights. In the law, its declared objective is “the repair of damages caused to the environment, the consumer, goods and rights of artistic, aesthetic, historical, tourist, landscape value, by violation of the economic order and other diffuse and collective interests”. The minister highlighted that the STJ's jurisprudence has evolved to the understanding that it is not any contractual violation that gives rise to a conviction for moral damages.