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

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.