Banca de DEFESA: CARLOS ALEXANDRE CORREA LEITE

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : CARLOS ALEXANDRE CORREA LEITE
DATA : 29/09/2017
HORA: 11:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

 

INCIDENCE OF THE BRAZILIAN CONSUMER PROTECTION SYSTEM TO THE INVESTMENT TRUST: duties and responsibilty of the trustee


PALAVRAS-CHAVES:

Consumer. Investment trust. Trustee. Responsibility.



PÁGINAS: 140
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:
This work analyses investment trusts and the possibility of incidence of consumer protection rules on the relationship between the settlor and trustee. Initial approach starts from the concepts of Economic Constitution and Constitutional Economic Order to position the latter as part of the constitutional system. Brazilian Constitution outlines the profile of the so-called Regulatory State by reducing its direct role in economic activity and by the centrality of the notion of regulation. Within this scenario, market agents must fulfill the constitutional precepts that support the capital market. In addition, state action to regulate the market, by ordering the business environment, is done in order to preserve fundamental rights and to pursue the values elected by the Brazilian constitution. Consumer protection consists of one of these values. So it becomes possible to harmonize the existence of the market with the satisfaction of the principles of social justice and solidarity contained in the constitutional norm. Subsequently, the brief presentation of investment trusts and the discussion on its legal nature point to the condominium nature in Brazilian law, even though the rules regarding the condominium contained in the Brazilian Civil Code are not sufficient to explain and properly regulate the institute. The investment trusts are part of the Brazilian National Financial System. Brazilian Constitution defined both new significance and new objectives to the system, although there has been no change in institutional design. In this context, with the objective of preserving and maximizing the efficiency of the financial system, the Brazilian Securities and Exchange Commission exercises real market regulation and partially delimits the relationship between settlor and trustee in the trusts. Consumer protection is another normative source applicable to the legal relationship between settlor and trustee. This work recognizes the possibility of applying the Consumer Protection Law to the relationship between settlor and trustee, provided that first meets the requirements to be characterized as a consumer in Brazilian consumer regulation. The existence of a dialogue between the normative sources of the Brazilian Financial System and Consumer Protection is admitted. Following the incidence of consumer protection, text aims to outline the duties and responsibility of the trustee according to consumer protection rules: duty of loyalty, duty of information and the objective responsibility of the trustee. Research method consisted in the review of the scientific literature regarding the investment trusts and the analysis of Brazilian constitutional and federal regulations as well. Court precedents related to the subject are also brought the discussion.   
 
 

MEMBROS DA BANCA:
Interno - 1687253 - ANDRE DE SOUZA DANTAS ELALI
Presidente - 1149575 - IVAN LIRA DE CARVALHO
Externo à Instituição - JANILSON BEZERRA DE SIQUEIRA - UnP
Notícia cadastrada em: 19/09/2017 11:06
SIGAA | Superintendência de Tecnologia da Informação - (84) 3342 2210 | Copyright © 2006-2024 - UFRN - sigaa12-producao.info.ufrn.br.sigaa12-producao