CONDO-HOTELS, INFORMATIONAL ASYMMETRIES AND THE ROLE OF THE BRAZILIAN SECURITIES AND EXCHANGE COMMISSION

Although we are dealing with financial values subject to registration or waiver before the Brazilian Securities and Exchange Commission (CVM), several brazilian “condo-hotels” were irregularly offered to the community without the prior analysis of the Commission. In addition, the regulatory norms re...

Descripción completa

Detalles Bibliográficos
Autor: Lima, Marcelo Machado Costa
Tipo de recurso: artículo
Estado:Versión publicada
Fecha de publicación:2021
País:Brasil
Institución:Escola da Magistratura do Estado do Rio de Janeiro (EMERJ)
Repositorio:Revista da EMERJ (Online)
Idioma:portugués
OAI Identifier:oai:ojs2.emerj.jus.br:article/355
Acceso en línea:https://ojs.emerj.com.br/index.php/revistadaemerj/article/view/355
Access Level:acceso abierto
Palabra clave:disclosure
falhas de mercado
informação
nulidade
anulabilidade
market failures
information
nullity
annulability
Descripción
Sumario:Although we are dealing with financial values subject to registration or waiver before the Brazilian Securities and Exchange Commission (CVM), several brazilian “condo-hotels” were irregularly offered to the community without the prior analysis of the Commission. In addition, the regulatory norms regarding this issue have been solemnly ignored, including in relation to the right of withdrawal assured to purchasers who have acquired ideal fractions of unregistered ventures, or even victims of information asymmetry, market failure of singular gravity. The purpose of our brief reflections is to contribute to the understanding of the structural contours of condo-hotels, the CVM rules that govern their public offer and the rights of purchasers. This article is the result of investigation that can be classified as to the purpose, as applied research; as for the objectives, it has exploratory and explanatory claims; as for the approach, it is a qualitative research; as for the procedures related to data collection, bibliographic and documentary research (jurisprudential and legislative) were carried out.