Brazilian class actions

topicality and trends

Authors

  • José Maria Tesheiner Universidade do Rio Grande do Sul

Keywords:

Class actions, Brazil, Brazilian class actions, diffuse rights, homogeneous individual rights

Abstract

This article contains a synthetic presentation of the class actions Brazilian system, with some indications of its future developments. The distinction between protection of collective rights and collective protection of individual rights is discussed in detail. The application and sometimes the creation of Law as a major goal of class actions related to diffuse rights is pointed out in opposition to class action related to homogenous individual rights, intended for the protection of subjective rights. Parties, preliminary injunctions, enforcement and claim preclusion are some of the chief topics exposed.

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Author Biography

José Maria Tesheiner, Universidade do Rio Grande do Sul

Professor at Pontifícia Universidade do Rio Grande do Sul, Brazil. Former Judge at the Court of Appeals of Rio Grande do Sul.

Published

2014-04-10

How to Cite

TESHEINER, J. M. Brazilian class actions: topicality and trends. Civil Procedure Review, [S. l.], v. 5, n. 1, p. 122–137, 2014. Disponível em: https://civilprocedurereview.com/revista/article/view/67. Acesso em: 3 jul. 2024.

Issue

Section

Artigos