BRAZIL Law and Practice Contributed by: João Areosa, Guilherme Peres de Oliveira and Raphael Rangel, Areosa Advogados
Disability Rights and Accessibility Actions enforcing accessibility standards in buildings and public spaces, non-discrimination in services and employment, rights of persons with disabilities to edu- cation and healthcare, and compliance with inclusive design requirements. 2.3 Definition of Collective Redress/Class Actions Brazilian law does not use the term “class action” ( ação de classe ) but rather “collective actions” ( ações coletivas ) or “public civil actions” ( ações civis públi- cas ). The CDC provides the fundamental classifica- tion system that defines and categorises collective rights as (i) diffuse rights (Article 81, Paragraph I); (ii) collective rights stricto sensu (Article 81, Paragraph II) or (iii) individual homogeneous rights (Article 81, Paragraph III). 3. Procedure for Bringing Collective Redress/Class Actions 3.1 Mechanisms for Bringing Collective Redress/Class Actions Collective actions in Brazil may be filed before fed- eral or state courts, depending on the subject matter and parties involved. Federal courts have jurisdiction when the Union, federal agencies or federal public companies are parties, or when the case involves international treaties, indigenous rights, human rights of federal interest, or constitutional matters under fed- eral jurisdiction. State courts handle most collective actions, including consumer, environmental and local disputes, as well as actions against states, municipali- Under Article 2 of the LACP, venue is determined by the location where the damage occurred. If the alleged harm is national, the action may be filed in any federal court; if statewide, in any district within that state. The territorial scope of judgments depends on the jurisdic- tional level – local, state or national. Specialised Chambers Some courts, such as the São Paulo Court of Justice, have specialised chambers for collective and diffuse ties or private entities. Territorial Jurisdiction
rights. Major cities also have judges with experience in collective litigation. 3.2 Overview of Procedure Initiation Collective actions require a detailed initial petition identifying parties, establishing standing under the LACP/CDC, classifying the collective right (diffuse, collective or individual homogeneous), and providing specific allegations of fact and legal grounds. Pre-Action Civil Investigation The Public Prosecutor can conduct administrative investigations ( inquérito civil ) prior to filing, gathering evidence through document requests, witness tes- timony and inspections. Results may lead to litiga- tion, settlement (TAC – see 3.12 Settlement and ADR Judges conduct an initial review of standing, juris- diction and procedural compliance. Following admis- sion, defendants have 15 days to file a comprehen- sive answer addressing all allegations and defences. Uncontested facts are deemed admitted. Evidence and Case Management The judge identifies and organises the various pieces of evidence, including documentary evidence, expert reports, witness testimony and inspection reports. Court-appointed experts play a pivotal role in techni- cal matters. Judges actively promote settlement and efficient case progression. Trial and Judgment Professional judges (no juries) decide cases after hearings and closing arguments. Judgments specify the collective right type, territorial scope, compliance obligations and enforcement mechanisms. Appeals Three are three appellate levels: Appeal ( Apelação ) reviews facts and law; Special Appeal ( Recurso Espe- cial ) reviews federal law; and Extraordinary Appeal ( Recurso Extraordinário ) reviews constitutional issues. Multiple parties may file an appeal, including the Pub- lic Prosecutor and interested associations. Mechanisms ) or archiving. Admissibility and Service
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