The Proposed Class Action Statute by the Brazilian National Council of Justice (CNJ). Advances, Imprecisions, Setbacks, and the Dismantling of Class Actions in Brazil

a decadência das ações coletivas no Brasil

Abstract

This article discusses the proposed Class Action Statute sponsored by the National Council of Justice (CNJ). The proposal contains few advances, most of which are mere adjustment to the legal provisions, without significant practical improvement. The proposal contains also useless and imprecise rules, such as the unecessary repetition of articles of the Code of Civil Procedure. In addition, it incurs in grave setbacks that will make group protection more difficult to obtain. Among the setbacks, the most dangerous rules are the non-interruption of the statute of limitations during the pendency of a class action and the rules on expenses and attorney fee-shifting. These two rules alone will dismantle the class action in Brazil and will trap unsuspecting class members. This proposal represents the loss of a historical opportunity to build a legal device useful for our society. It must be rejected, or the class action practice in Brazil will suffer an unacceptable setback.