Abstract

OVALLE FAVELA, José. Standing in Collective Actions. Bol. Mex. Der. Comp. [online]. 2013, vol.46, n.138, pp.1057-1092. ISSN 2448-4873.

This paper analyses the standing in collective actions to enforce undefined and collective interests as well as homogeneous individual interests, according to the Brazilian legal doctrine and legislation. He treats the types of class actions, the standing to bring a suit and the adequate representation in the Latin American countries that have developed these matters: Argentina, Brazil, Chile, Colombia, Mexico and Uruguay. Of Argentinean Law, the author examines the collective amparo contained in article 43 of the National Constitutional, and the environmental and consumer's procedures. Of Brazilian Law, the author studies the actions to enforce undefined and collective interests and homogeneous individual interests, contained in the 1990 Consumer's Defense Code. The Brazilian Law guidelines have influenced the Model Code of Collective Procedures for Iberoamerica and the Chilean and Mexican Laws. In Colombia the collective interests are enforced by popular actions, and the equivalent to the homogeneous individual interests are defended through group actions.

Keywords : Collective Interests; Undefined Interests; Homegneous Individual Interests; Popular Actions; Group Actions.

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