Termo de ajustamento de conduta e seus aspectos controversos

• Autor(a) principal: Crivelari, Aline
• Data de Publicação: 2011
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/33767
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITOS ESPECIAIS

The present work is the result of the research on the juridical tool established on the Article 5th, paragraph 6th, of the Brazilian Public Civil Action Statute (Federal Act. 7.347/85), known as Conduct Adjustment Term (abbreviated to TAC). The study on such matter is necessary, due to the increasing use of the juridical tool on the defense on collective rights, especially on the protection of the balanced environment, one of the fundamental rights granted by the Brazilian Constitution. The study is also important once there is the need to examine and systematize the sources on the matter, extremely fragmented and diversified. The research is based on jurisprudence, courts precedents and administrative acts which regulate the matter, enacted by the Public Ministry, an institution, in Brazilian Law, similar to the State’s Attorney. Due to the lack of further legislative acts on the subject, these administrative acts became the very important regulatory sources of the Conduct Adjustment Term. The investigation on the theses adjustments principles and teleology was fundamental to guide the positions hereon adopted. The result of this work displays conclusions about the principal elements which constitute the Conduct Adjustment Term – juridical nature, object, who is legitimated to draw up it, when it can be performed, form, existence, validity and efficacy prerequisites, effects of its conclusion, cancellation and rescission hypotheses and execution particularities. Here presented are the advantages of the Conduct Adjustment Term conclusion, both to the evolved parts as to the community. Also, there are comments on the Project Of Act nº 5.139/09, which intends to discipline the Brazilian Public Civil Action and may change the regulation of the Conduct Adjustment Term