This article explores the context in which the regulation of class actions is emerging in Latin America. To that end, this article describes the different forms of aggregate and group litigation that exist in that region, from the mechanisms traditionally included in the different codes of civil procedure and other legislation to the recently enacted vehicles for the protection of individual and collective rights.
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 statutes and delves into the question of how these laws might affect the development of collective litigation in the region. The article is divided into four sections. Following this introduction, Section II offers an overview of the regulatory context of collective redress in Latin America. Section III focuses on the five jurisdictions that have enacted statutes regulating class actions and other forms of aggregate litigation and briefly describes some of the challenges faced by these newly enacted procedural vehicles. The conclusion is presented as Section IV.
Manuel A. Gómez,
Will the Birds Stay South? The Rise of Class Actions and Other Forms of Group Litigation Across Latin America
, 3 U. Miami Inter-Am. L. Rev. 43
Available at: http://ecollections.law.fiu.edu/faculty_publications/43