Mcneil, B. Little, Vol. Buenos Aires, Editorial Difusion, Keck, Vol. Portell, John Twilly, Robert E.
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We still misunderstand class actions. Stephen Yeazell Class actions are complex social dramas. Palavras-chave: Processo civil coletivo; modelos representativos; tutela de direitos. Abstract The main objective of this dissertation is to propose a new model of collective redress or class action , to respond to the difficulties empirically verified after thirty years of experience in Brazil. In the first chapter, we demonstrate that Brazilian scholars have formulated a theory of class actions that covered up inherent difficulties of a representative procedure.
Namely, there is almost no debate, in Brazil, about the relationship between the absent class members and the plaintiff of the lawsuit. We propose the use of a sociological framework to overcome the concepts of diffuse, collective and homogeneous rights, currently in use in Brazil, replacing them with types of disputes, built from the characteristics of the harm. In this sense, we propose the use of global, local and irradiated disputes, according to the degree of complexity of the case and of the conflicts within the society.
Having presented this theoretical framework, we turn to the formulation of a general theory of representative civil procedure, aiming to clarify what the class representative owes to class members.
After that, we compare the Brazilian representative model and the American model of collective litigation, in order to demonstrate the central role of representation to an adequate model of collective redress.
A chapter is dedicated to analyze intraclass conflicts, using two similar empirical cases that happened in the US and, not much longer, in Brazil, in very similar circumstances. Finally, we present the thesis that it is possible to propose a model of collective redress, specifically designed for each type of dispute initially presented. We define roles and limits for representation in each one of them, which leads to the review other procedural categories.
The final goal of this model is to provide a framework that allows effective protection of substantive rights of the society. Keywords: class actions; collective redress; representative lawsuits. Palabras clave: acciones de clase; proceso colectivo; demandas representativas.
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