Will the Birds Stay South? The Rise of Class Actions and Other Forms of Group Litigation Across Latin America

Abstract

This article explores the context in which the regulation of class actions is emerging in Latin America. It describes the different forms of aggregate and group litigation available in that region, from the mechanisms traditionally included in the different codes of civil procedure and other statutes, to the recently enacted vehicles for the protection of individual and collective rights, including class actions. Further, this article focuses on the differences and similarities in procedural rules and legal practices regarding the use of remedies against collective harms. This paper also explores the different incentives and obstacles created by the new class action statutes, and delves into the question of how they might affect the development of collective litigation in Latin America.