A Governança do fundo de defesa de direitos difusos e o papel do Ministério Público Federal

Abstract

The proposed study, starting from the fundamental premise that the Fund for the Defense of Diffuse Rights (FDD), a budget allocation for restitution of damages to society or the realization of diffuse rights capable of promoting the common good, has been suffering undue budget cuts and improper rejection of projects presented to the Management Board (CFDD), a collegiate body, with the participation of the MPF, created by regulatory law to manage the fund's resources, aims to analyze, through diagnostic and proactive means, the governance of the FDD capable of promoting the realization of human rights. Based on the concept of the Fund and considering the role of the MPF as the central ombudsman for fundamental rights in the national scenario, the study intends to examine the means for achieving public management truly committed to the principles inherent to the Social State, aiming to demonstrate a management approach that can make the FDD an authentic instrument for the realization of human rights. Therefore, the research's objective is to present a draft bill in the future to change the composition, presidency, and decision-making process of the Management Board of the he Fund for the Defense of Diffuse Rights, in order to achieve an efficient and democratic product capable of enabling the governance of the FDD, making the use of its resources entirely focused on the realization of diffuse rights without any contingencies or deviations. Additionally, in the present, the study aims to address the identified flaws by outlining ways for the MPF to act judicially and extrajudicially, given its essential role as a rights-promoting institution in this process. The formulated hypothesis is that, considering the current composition of the CFDD, with a prioritization of a managerial model, where the majority of members are from the Executive Branch without diversity of social actors, and with an actuation, even if strong, still seen as timid by the MPF due to the complexity of its main role in directing and applying funds to compensate for damages within the judicial process, the resources of the FDD are not being directed towards the implementation of public policies that guarantee diffuse rights, thereby frustrating the fundamental purpose of the fund. To support this initial assumption, the study will use a hypothetical-deductive method with inductive aspects through diagnostic-propositional analysis, conducting bibliographic research on subscribed doctrine in articles, theses, books, and other works, as well as studying the applicable legislation itself. It will also analyze documentary evidence, meeting minutes, and other CFDD acts, examine typical acts of the MPF's actions, and other necessary documents, leading to the analysis of the Civil Public Action and the FDD, the MPF, and its role in relation to the FDD, until reaching the public governance of the fund. As a result, the study aims to deliver a draft bill to one or more federal parliamentarians from the state of Pará, primarily seeking to amend Law No. 9.008/1995 concerning the composition and organization of the Management Board of the he Fund for the Defense of Diffuse Rights. Furthermore, the study proposes to suggest forms of action through which the Federal Public Ministry can achieve the mitigation of the effects of the problem faced within its institutional actions.