Collective Litigation and Due Process of Law: The Brazilian Experience

International Journal of Procedural Law, volume 4/2014/0I

23 Pages Posted: 23 Jul 2014

See all articles by Luiz Guilherme Marinoni

Luiz Guilherme Marinoni

Federal University of Parana (UFPR)

Sergio Cruz Arenhart

Federal University of Parana (UFPR)

Date Written: July 21, 2014

Abstract

This essay deals with the Brazilian experience in tort litigation about collective and mass rights. It offers a view of the Brazilian law on this subject and of the court's trends in managing these cases it also establishes the basis for the Brazilian approach to the collective due process of law, and debates the solutions found for major problems in the lights of that principle. Trying to offer a panoramic view of Brazilian experience in this field, the article aims to highlight the principal concerns of and obstacles to collective redress in this country.

Keywords: collective rights; mass rights; tort litigation; due process of law; structural injunctions; fluid recovery; 'in utilibus' transportation; public funds; damages; compensatory damages; punitive damages; quantum of damages

Suggested Citation

Marinoni, Luiz Guilherme and Arenhart, Sergio Cruz, Collective Litigation and Due Process of Law: The Brazilian Experience (July 21, 2014). International Journal of Procedural Law, volume 4/2014/0I. Available at SSRN: https://ssrn.com/abstract=2469345 or http://dx.doi.org/10.2139/ssrn.2469345

Luiz Guilherme Marinoni (Contact Author)

Federal University of Parana (UFPR) ( email )

Praça Santos Andrade, 50 - 2 andar
Curitiba - PR, Paraná 80020-300
Brazil

HOME PAGE: http://www.direito.ufpr.br

Sergio Cruz Arenhart

Federal University of Parana (UFPR) ( email )

Rua XV de Novembro
1299 - Centro
Curitiba - PR, 80060-000
Brazil

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