The centrality of class certification in American class actions and its application as a model to Brazil

Abstract

The article aims to analyze the relevance of the class certification decision in the experience of the American class actions, presenting this ruling as a model to other jurisdictions where forms of collective redress exist, such as Brazil. For this purpose, the discipline and the content of this decision are explored, based on Federal Rule 23 and precedents of the U.S. Supreme Court, to reveal its centrality within the scope of multi-party actions. Endmost, the conclusion is presented by the possibility of extracting from the American experience a fundamental content of the certification decision, equally applicable to other jurisdictions: the definition
of the group (class definition), understood as a basic element for the filing of any kind of class action. This content of the decision can directly affect several other procedural issues, such as the adequacy of representation, proper notice, res judicata, participation, and settlements.