Banca de DEFESA: Elias Cândido da Nóbrega Neto

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Elias Cândido da Nóbrega Neto
DATE: 31/01/2023
TIME: 14:00
LOCAL: https://teams.microsoft.com/l/meetup- join/19%3ameeting_NDIwOGJjMzctYjU0Ni00NzcxLTg0NzgtMjcyNDViZGFj
TITLE:

"THE MEASURE OF UNJUSTIFIED ENRICHMENT BY INTERVENTION AND THE DISGORGEMENT OF PROFITS UNDER BRAZILIAN LAW".

KEY WORDS:

Unjustified enrichment; Unjustified enrichment by intervention; Profit from intervention; Disgorgement of profits.

 

PAGES: 170
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The object of this dissertation is unjustified enrichment by intervention, which is the form of unjustified enrichment in which someone, without authorization, exploits in an unauthorized manner the rights of others, without necessarily causing damage to the victim, but benefiting financially from this intervention. In the scope of unjustified enrichment by intervention, two topics were further analyzed: its systematic framing in the Brazilian legal system and the measure of its restitution. The goal in relation to the first delimitation was to assess whether the claim for restitution of earnings obtained from the intervention on the rights of others wasbased on the source of obligations of wrongs or unjustified enrichment. As for the second delimitation, the analysis focuses on if it is possible that the restitution of earnings in the context of the intervention encompasses all the earnings obtained from the intervention, to which the nomenclature of disgorgement of profits in English law is attributed, or if, otherwise, it will be necessary to divide them proportionally between the victim and the intervenor. The research was developed essentially based on a bibliographical review of the theme, with recourse to foreign literature, especially Portuguese, English and German authors. In conclusion, it was found that restitution in situations of intervention over other people's rights is based on unjustified enrichment. We can, therefore, speak of unjustified enrichment by intervention. This is based on the German doctrine of attribution, which reserves the monopoly of exploitation over rights and things to their respective holder. With regard to restitution, it was concluded that there is no incompatibility between the disgorgement of profits, that is, between the full restitution of gains derived from intervention and Brazilian Law, in a dogmatic perspective. In the same way, adopting this form of measure of restitution can bring three positive consequences to our legal system. The first is the respect for the holder's monopoly of exploration. The second is the dissuasion of intervention practices over the rights of others. The third, finally, is the privilege of predictability and legal security, insofar as it provides a clearer reference than the one currently prevailing in Brazil, which is the proportional division of the enrichment resulting from the intervention between the intervenor and the victim based on each one's contribution to the result.

BANKING MEMBERS:
Externo à Instituição - JOÃO ANTONIO PINTO MONTEIRO - UC
Externo à Instituição - CARLOS NELSON DE PAULA KONDER - UERJ
Externo à Instituição - FRANCISCO PAULO DE CRESCENZO MARINO - USP
Presidente - 1012528 - JOAO COSTA RIBEIRO NETO