Small claims class actions: a comparative analysis of the brazilian and american systems from the perspective of positive externalities

Auteurs-es

  • Débora Chaves Martines Fernandes Universidade de São Paulo (USP)

DOI :

https://doi.org/10.12957/publicum.2016.19914

Mots-clés :

Class Actions, Economic analysis of law, Positive externalities, Class Actions for Damages, Small claims

Résumé

To enable the effective private enforcement of liability rules sometimes the policy makers have to interfere, creating mechanisms to allow people do litigate claims that, otherwise, would not be taken to the courts. One of the procedural solutions to this problem are the small claims class actions. In this paper, we adopt the view that deterrence should be the focus of these policies, once the compensation is too low to even motivate injured people to pursue it. Some legal systems are more equipped to induce deterrence through class litigation of small claims and to generate other positive externalities, increasing the social welfare. Here we aim to compare the Brazilian and the American system, and to verify in what extent both class action systems are able to generate social benefits. And because it is possible to identify that deterrence is not the primary focus of Brazilian legal scenario in this topic, we intend to propose some legislative changes to put this feature and other positive externalities in the center of the debate, where it belongs.

Biographie de l'auteur-e

Débora Chaves Martines Fernandes, Universidade de São Paulo (USP)

Law degree at Universidade de São Paulo (USP) (2006). Masters in Procedural Law at USP (2013), under Professor Ada Pellegrini Grinover supervision. Master of Laws (LLM) at Harvard Law School (2015). Working area: Civil Law and Civil Procedural Law. Experience in General Theory of the State and Civil Procedural Law. Lawyer.

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Publié-e

2016-07-19

Comment citer

Fernandes, D. C. M. (2016). Small claims class actions: a comparative analysis of the brazilian and american systems from the perspective of positive externalities. Revista Publicum, 2(1), 140–180. https://doi.org/10.12957/publicum.2016.19914

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Rubrique

Artigos Científicos