Name: JULIANA PROVEDEL CARDOSO
Publication date: 26/05/2017
Advisor:
Name |
Role |
|---|---|
| HERMES ZANETI JUNIOR | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| HERMES ZANETI JUNIOR | Advisor * |
| MARCELO ABELHA RODRIGUES | Internal Examiner * |
Summary: Among the legal traditions of common law and civil law and the various legal systems,
highlight the model of class actions and the German law for the theme of the Brazilian
collective redress. The comparative law analysis demonstrates a problem of common
origin to the main models and consequently the collective protection techniques opt in
and opt out, among other procedural aspects. The foreign influences and the
characteristics of a creative process of law reception built the bases of the Brazilian
model of collective process. The class action, handled by collective procedural laws,
and the trial of aggregate litigation, consolidated by the Civil Procedure Code of 2015,
are the two collective process techniques in Brazil. Each technique has foundation,
object, shape, purpose and different effects. The class actions serve the protection of
collective rights lato sensu and are aimed at a wide protection, atypical and noncategorical,
while the trial of aggregate litigation solves common legal issues with the
intention of providing speedy trial, equality and legal certainty. The application of these
techniques must be according to the due process of law, especially when there is the
applicability of aggregate litigation and collective. Thus, we analyze the characteristic
elements of the collective process techniques in dogmatic and problematic ambits of
Brazilian law. An analysis is made in light of procedural law and material law. It is in
this context that this work is inserted.
Keywords: Civil Procedural Law. Collective redress. Class Action. Aggregate
litigation. Due Process of Law.
