A utilização de fundos de investimentos em prol de grupos estruturalmente oprimidos

Abstract

This work aims to analyze, based on the current CVM regulation, the feasibility ofcreating investment funds in Brazil, whose main investment policy is to promote theeconomic development of structurally oppressed groups (e.g., LGBTQIA+ population),through investment in NGOs and companies that have, in a preponderant way, femaleleaders, among others. Considering the structure adopted for the Brazilian investmentfund industry in the last 20 years, which is mainly based on the regulatory frameworkof the CVM – which assigns to investment fund service providers the fiduciary duty toconduct their activities in order to guarantee investors a return consistent with thecharacteristics inherent to the financial assets that will be invested – this work willanalyze, in view of the lack of State action and the inexistence of public policies aimedat such groups, the ways of constituting investment funds capable of guaranteeing, tothis portion of the population, a dignified existence and a greater participation in theBrazilian economy, in the light of the fundamental rights and guarantees present in theFederal Constitution