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

86 Pages Posted: 19 Sep 2011 Last revised: 29 Nov 2011

Manuel A. Gomez

Florida International University College of Law

Date Written: September 19, 2011

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.

Keywords: Class Actions, Latin America, Mass Torts, Legal Reform, Consumer Protection, Complex Litigation

JEL Classification: K13, K41

Suggested Citation

Gomez, Manuel A., Will the Birds Stay South? The Rise of Class Actions and Other Forms of Group Litigation Across Latin America (September 19, 2011). University of Miami Inter-American Law Review, Vol. 43, No. 3, 2012; Florida International University Legal Studies Research Paper No. 11-23. Available at SSRN: https://ssrn.com/abstract=1930413 or http://dx.doi.org/10.2139/ssrn.1930413

Manuel Gómez (Contact Author)

Florida International University College of Law ( email )

11200 SW 8th St.
RDB Hall 1097
Miami, FL 33199
United States
(305) 348-1158 (Phone)

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