BRAZIL Law and Practice Contributed by: João Areosa, Guilherme Peres de Oliveira and Raphael Rangel, Areosa Advogados
Complementary Legislation Additional statutes address specific sectors or rights, including environmental law (Law 6.938/1981 estab- lishing the National Environmental Policy), protection of children and adolescents (Statute 8.069/1990 – ECA), elderly persons (Law 10.741/2003) and persons with disabilities (Statute 13.146/2015), racial equality (Statute 12.288/2010), and others. Each includes pro- visions for collective enforcement of the rights they protect. 2.2 Scope of Areas of Law to Which the This is the most common and developed area for col- lective actions. The scope of cases encompasses defective products resulting in physical harm or eco- nomic loss, unfair commercial practices, misleading or deceptive advertising, abusive contract clauses in standard-form contracts, banking services disputes (fees, interest rates, contract terms), telecommuni- cations services (service quality, billing errors, unau- thorised charges), healthcare plan disputes (coverage denials, contract rescissions), insurance claim deni- als, product recalls and consumer credit issues. The Consumer Code Act offers streamlined procedures for consumer collective actions, including the possibility of inverting the burden of proof. Environmental Protection Collective actions address a wide range of environ- mental issues: environmental damage to air, water, soil or ecosystems; industrial and urban pollution; deforestation and illegal logging; protection of natural resources and biodiversity; violations of environmen- tal licensing requirements; failure to conduct environ- mental impact assessments; climate change-related issues; and protection of endangered species. These actions may seek both remediation of damage and compensation for collective environmental harm. Competition Law and Economic Order Legislation Applies Consumer Protection This expanding area involves actions seeking dam- ages from cartels (price fixing, bid rigging), abuse of dominant market position, anti-competitive mergers and acquisitions, and other violations of competition law.
Securities and Capital Markets Collective litigation involving misrepresentation in securities offerings, prospectus fraud, insider trading affecting multiple investors, violation of disclosure duties by publicly traded companies, market manipu- lation, and abusive practices by financial intermediar- ies. Urban Planning and Housing Actions involving irregular urban development, hous- ing rights, public infrastructure failures, real estate consumer disputes, irregular subdivisions and viola- tions of city master plans. Cultural and Historical Heritage Protection of historical sites and monuments, preser- vation of artistic heritage, protection of archaeological findings, cultural property disputes and enforcement of preservation obligations. These actions typically involve government entities and civil society organi- sations dedicated to cultural preservation. Public Health Actions seeking access to medications and medical treatments, enforcement of health service standards, public health policy implementation, sanitary surveil- lance matters and healthcare facility regulation. The Brazilian Unified Health System (SUS) faces a signifi- cant number of collective lawsuits regarding access This emerging area involves violations of the Data Pro- tection Act, including unauthorised data processing, inadequate security measures leading to data breach- es, lack of transparency in data collection, improper cross-border data transfers, and failure to respect data subject rights. As data protection enforcement matures, this area is experiencing rapid growth in col- lective actions. Labour and Employment Rights While labour law has specialised procedures, collec- tive labour rights can be protected through collec- tive actions, particularly when affecting categories of workers or involving violations with collective impact, such as systemic discrimination or widespread viola- tions of workplace safety. to treatments and medications. Data Protection and Privacy
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