Brazil

• Author: Ada Pellegrini Grinover
• Published date: 01 March 2009
• Date: 01 March 2009
• DOI: http://doi.org/10.1177/0002716208328446
• Subject Matter: Articles

ANNALS, AAPSS, 622, March 2009 63

Brazil has led development of collective rights in Ibero-

American states and has developed from consumer

origins a general procedure on “public civil actions”

largely brought by the attorney general. These have a

two-stage process, involving a declaration on general

liability followed by individuals bringing personal com-

pensation claims.

Keywords: consumer rights; public civil actions; attor-

ney general

The Brazilian Legal System

Brazil has a civil law legal system that

includes many concepts and procedures of

common law. The ordinary courts are compe-

tent for all types of lawsuit or issue. Brazilians

regard diffuse, collective, and homogeneous

individual interests or rights as absolutely the

same thing, since legitimate interests and indi-

vidual rights are both regulated by the judici-

ary. The 1934 Constitution included “popular

actions,” which are corrective and filed against

the administration for the protection of public

goods and values.

The Brazilian judge holds strong discretion-

ary powers, which emanate from the strong

popular confidence in judges, contrasted with

the hostility and suspicion toward government

that arose under previous authoritarian regimes.

For example, in response to the obligation of a

company to prevent environmental pollution,

the judge may order the astraintes (an indirect

constraint similar to injunctions, involving a

negative obligation of not polluting) or impose

positive requirements to reach the results that

would have been obtained if the obligation had

been implemented, such as installing a filter,

perhaps by a third party, or closing the plant.

Another example would be to order anticipatory

Brazil

By

ADA PELLEGRINI

GRINOVER

Ada Pellegrini Grinover is a professor of criminal pro-

cedural law at the University of São Paulo.

DOI: 10.1177/0002716208328446