Diffuse Control of Constitutionality in Class Actions

Abstract

The emergence of judicial review of constitutionality occurred in 1803, with its widespread implementation in the United States. Later, a new paradigmatic model was added to this system, implemented by Austria in 1920, the so-called abstract-concentrated review. The protection of collective rights (lato sensu), however, is even more recent. Its origin is linked to the revealing ideas of MAURO CAPPELLETTI and, in Brazil, it was only in 1985, with the Public Civil Action Law, that it was possible to effectively speak of a comprehensive protection of collective rights, and it should be noted that its scope was expanded by the enactment of the Consumer Protection Code. One of the main distinguishing characteristics of the protection of these rights in relation to the traditional individual protection lies in the effects of the final decision. In fact, in the event that the requested protection is upheld, the decision becomes res judicata erga omnes.