The importance of class actions for the evolution of the brazilian collective procedure
DOI:
https://doi.org/10.5585/prismaj.v17n1.7772Keywords:
Collective procedure. Prerequisites. Types of class actions. Certification order.Abstract
In the present article, was investigated the contribution that the American experience with the class actions could offer to the Brazilian collective procedure and the idea of collectivization of individual lawsuits. Based on this proposal, were analyzed institutes of the Rule 23 related to the class action prerequisites, the types of class actions and the certification order, which is the judicial decision by which a claim is received as a collective in the US system. All these institutes were analyzed in a comparative and interactive way in relation to the institutes of the Brazilian system, in order to seek an improvement of the model of collective conflicts resolution existing in Brazil.