BRAZIL Law and Practice Contributed by: João Areosa, Guilherme Peres de Oliveira and Raphael Rangel, Areosa Advogados
Enforcement Mechanisms Law 13.105/2015 (Article 139, X, CPC) requires a National Registry of Collective Actions ( Cadastro Nacional de Ações Coletivas ), though implementa- tion has been slow. The registry aims to provide pub- licity about pending and decided collective actions; prevent conflicting judgments by informing courts of related actions; inform potential beneficiaries of pend- ing actions; and facilitate co-ordination among courts handling related matters. 4. Legislative Reform 4.1 Policy Development Several policy developments are shaping the future of collective redress in Brazil: Digital Transformation of Justice The National Council of Justice (CNJ) is implementing comprehensive digital initiatives to accelerate collec- tive action proceedings through fully electronic filing and case management systems; improve case man- agement with data analytics identifying delays and inefficiencies; enhance transparency through online access to court records; facilitate electronic evidence production and digital document management; and enable virtual hearings, which became common dur- ing COVID-19 and continue to expand. These initiatives are gradually reducing paper-based inefficiencies and improving access to the judiciary. Repetitive Litigation Management Efforts focus on better managing mass litigation through expanded use of precedential decisions via IRDR and repetitive appeal mechanisms; selection of representative test cases for issues generating mass litigation; binding application of appellate precedents to prevent contradictory decisions; co-ordination among courts handling similar cases; and creation of specialised chambers for complex litigation including collective actions. The goal is to prevent thousands of identical individual lawsuits when collective treatment is more efficient.
Consumer Protection Enhancement The National Consumer Secretariat (SENACON) and Public Prosecutor offices are increasing enforcement actions against systemic consumer violations; promot- ing preventive measures through regulation and educa- tion; expanding consent agreement (TAC) programmes to resolve violations without litigation; and focusing on emerging areas including e-commerce, digital plat- forms, fintech services and new technologies. Enhanced administrative enforcement complements judicial collective actions. Environmental and Climate Litigation There has been growing attention to climate change litigation involving greenhouse gas emission reduction obligations; deforestation and biodiversity protection, particularly Amazon rainforest preservation; environ- mental restoration obligations for past damage; ESG compliance enforcement against companies; and indigenous peoples’ environmental rights. Brazil is witnessing its first climate change collective actions, following global trends in climate litigation. Data Protection Enforcement With the LGPD in effect since September 2020, col- lective actions addressing data breaches and privacy violations are increasing. The ANPD began operations in 2021 and co-ordinates with Public Prosecutors on enforcement. Administrative penalties precede or run parallel to judicial collective actions, and growing awareness among consumers is driving litigation. Data protection is emerging as a major area for col- lective litigation. Access to Justice Initiatives Programmes to improve access to justice include legal aid expansion for disadvantaged groups; simpli- fied procedures for lower-value claims; online dispute resolution platforms; and public education about legal rights and collective remedies. 4.2 Legislative Reform Several legislative initiatives address collective litiga- tion, though many remain pending in Congress.
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