Argentina

• Date: 01 March 2009
• DOI: 10.1177/0002716208328277
• Author: Héctor A. Mairal
• Published date: 01 March 2009
• Subject Matter: Articles

54 ANNALS, AAPSS, 622, March 2009

Argentina does not have a general class action statute,

but a 1994 constitutional reform allowed actions that

defend collective interests and other third generation

rights (e.g., the right to a healthy environment), grant-

ing standing to associations and to the Ombudsman.

The Supreme Court restricted these actions to the pro-

tection of truly collective interests, thus rejecting them

when they were brought to defend multiple homoge-

neous interests (e.g., small damages for many con-

sumers). A recent amendment of the Consumer

Protection Law allows the Ombudsman, as well as asso-

ciations, to sue for damages caused to consumers and

grants erga omnes effect to the judgment. Similar rules

are included in federal and provincial laws that protect

the environment.

Keywords: collective actions; class actions; “third-

generation rights”; consumer protection

law

1. Overview of the Argentine

Legal System

Argentina’s Constitution1provides for a bill of

rights, which includes due process.2There are

both federal and provincial court systems, with

their own procedural codes,3and administrative

courts (tax, admiralty) and specialized judicial

courts for administrative, criminal, civil, and

labor matters. Argentina is a civil law country.

Litigation is mostly carried out in writing,

with few hearings. Witness depositions are taken

by a clerk, without the judge being present.

There is no effective discovery.4Parties are not

subject to perjury sanctions when they give evi-

dence in their own litigation. Other than prepar-

ing closing and appellate briefs, a case seldom

requires the full-time involvement of counsel:

there is no equivalent of a main hearing as occurs

in a common law jurisdiction. It is inexpensive to

Argentina

By

HÉCTOR A. MAIRAL

Héctor A. Mairal is a professor at the National

University of Buenos Aires (UNBA) and a partner of

Marval O’Farrell & Mairal.

DOI: 10.1177/0002716208328277