The Brazilian Collective Redress System

Abstract

This contribution describes some of the Brazilian instruments used for collective redress, pointing out their main features and uses. It explains the origins of the Brazilian “class action” (currently named acao civil publica) and the relation between this action and the so-called “popular action” (still in use, but with a more restricted field of application and less effectiveness). The contribution focuses on the practical use of these instruments, outlining some jurisprudential restrictions and data, which may be useful to emphasize the importance of mass and collective litigation in Brazil. It also presents a critical analysis of the Brazilian judicial system, particularly focusing on the new Code of Civil Procedure, and the so-called “system of precedents” created by the new Code. Finally, it deals with a number of the features of this Code, presenting some of the new tools developed to face mass and complex litigation in the Brazilian system, particularly underlining the function of precedents and of the Brazilian “ancillary proceeding for solving repetitive questions”, a tool similar to the English Group Litigation Order which allows for the collective management of claims on related issues of law.