Class Actions in Brazil: A Model for Civil Law Countries [Japanese]
Journal of the Japanese Institute of International Business Law, Vol. 34-35, p. 997, 2006-2007
94 Pages Posted: 28 Sep 2007 Last revised: 14 Dec 2012
This is the Japanese version of Class Actions in Brazil - A Model for Civil Law Countries, 51 American Journal of Comparative Law 311 (2003). The translation was prepared by Professors Koichi Miki and Hiro Uranishi.
Asserting that class actions are compatible with civil law systems, the author discusses the Brazilian system of class actions, comparing it with its American counterpart, and placing it in the context of other systems' approaches to class action litigation. In this paper, the author presents the Brazilian class action system to an international audience.
The Brazilian class action system is a unique creation in the way that it addresses aspects of class action litigation such as standing to sue, types of group rights, res judicata and lis pendens. The Brazilian experience demonstrates that civil law systems can employ a class suit procedure successfully but cannot transplant the American class action model into their systems without substantial adaptation.
The English version of this document can be found at: http://ssrn.com/abstract=903188
Notes: Downloadable document is in Japanese.
Keywords: Brazil, class action, civil law system, Public Civil Action Act, Consumer Code, mass torts, res judicata, lis pendens, collective litigation, collective standing, group rights
JEL Classification: K13, K00, K40, K49
Suggested Citation: Suggested Citation