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Argentina

Argentina does not currently have a formal class action law, although whether to adopt one is being vigorously debated. The leading class action proposal is closely modeled on the United States’ Federal Rules of Civil Procedure, rule 23. In addition, the ideas in the “Model Code for Collective Actions for Iberoamerica” are being considered.

Various non-class-action laws for group litigation exist and include the following:

• Consumer Defense Law. Consumer associations that meet specified requirements may sue on behalf of consumers, although such actions may not seek individual damages.
• Collective actions under Article 43 of Argentina’s Constitution. Article 43 allows an “amparo” (collective action) to be brought by the parties directly affected or by an ombudsman or by associations formed for that purpose.
• Ombudsman actions. A “Defensor del Pueblo” (ombudsman) exists at the federal and local levels.

Reference:

• Hector A. Meiral, “Collective and Class Actions in Argentina,” a national report for the conference “The Globalization of Class Actions,” held in Oxford, England, on December 12–14, 2007 (co-sponsored by Stanford Law School and the Centre for Socio-Legal Studies of Oxford University). Available at http://www.law.stanford.edu/classactionconf.

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Brazil

Brazil predominantly has a civil law tradition that is blended with common law features. Brazilian law distinguishes between two types of collective rights:

1. Diffuse and collective rights. These are rights, such as environmental rights, that are “diffuse” and indivisible and affect an indefinite group of people.
2. Individual rights. These are rights held by individuals, and the rights are so similar that they are termed “homogenous.” These can be asserted in individual suits or can be brought collectively.

The distinction between diffuse or collective interest and homogenous individual interests for collective redress has been adopted in many Latin American countries. That approach is reflected in the Model Code of Collective Actions for Iberoamerica.

Reference:

• Ada Pellegrini Grinover, “The Defense of the Transindividual Interests: Brazil and Ibero-America,” a national report for the conference “The Globalization of Class Actions,” held in Oxford, England, on December 12–14, 2007 (co-sponsored by Stanford Law School and the Centre for Socio-Legal Studies of Oxford University). Available at http://www.law.stanford.edu/classactionconf.

(This information was updated May 2008.)

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Chile

Chile has a civil law tradition. It has formally adopted class action legislation. The Consumer Act, first adopted in 1997 and significantly expanded in 2004, is the most important class action legislation.

A consumer action may be filed by any of the following: the National Consumer Service (SERNAC); a Consumer Association that meets the criteria; or a group of 50 or more consumers.  Other types of class actions permitted in Chile include environmental claims, actions to secure roads and public works, and certain types of shareholder actions.

Reference:

• Martín Gubbins and Carla López, “Class Actions in Chile,” a national report for the conference “The Globalization of Class Actions,” held in Oxford, England, on December 12–14, 2007 (co-sponsored by Stanford Law School and the Centre for Socio-Legal Studies of Oxford University). Available at http://www.law.stanford.edu/classactionconf.

(This information was updated May 2008.)

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