O conflito de interesses entre os cotistas dos fundos de investimento em participação e seus administradores e/ou gestores

Abstract

This work analyzes the regulation and the use of legal solutions in the scenarios of conflicts of interests between the investors of funds and their administrators and/or managers. For that, it critically address the controversies regarding the legal nature of the investment funds, as well as the scarce existing regulation on the subject. In this sense, the possibility of de lege ferenda is questioned, starting from the premise that investment funds are a new type of legal entity of private law. The scientific method adopted by this work is the investigative and dialectical, covering the main points brought by the doctrine, including within the context of conflicts of interests between the companies and their managers, considering the limited material already produced on the conflict of interests related to investment funds. Finally, the final goal is to identify the main mechanisms and instruments for the prevention and resolution of conflicts of interest regarding investment funds, such as: (i) the Chinese wall; (ii) the implementation of compliance; (iii) the promotion of the corporate governance rules; (iv) the obligation to disclose information; and (v) the need for the aforementioned de lege ferenda.