AÇÕES COLETIVAS TRANSNACIONAIS

PERSPECTIVAS PARA O RECONHECIMENTO DA SENTENÇA ESTRANGEIRA NA AMÉRICA E NA EUROPA

Abstract

In the contemporary scenario, the rapid dissemination of information, with an intense flow of information, goods and people, with the multiplication of injuries resulting from factual circumstances or common legal relationships, in addition to standardized contracts, are capable of causing mass damage, which affect a large number of individuals beyond state borders. State borders are not sufficient to delimit injuries, although legislative provisions are often still restricted to border limits. This paper analyzes transnational class actions, both from the perspective of their normative prediction in countries in America and Europe, as well as cases that have already occurred, in order to think whether, despite the different models of class actions in different countries , it would be possible to ensure that, regardless of where the victims are, they can have the damage repaired. To do this, it uses bibliographical, documentary and case study analysis. Based on the study carried out, we seek to analyze minimum requirements to allow the ratification and execution of a foreign collective judgment beyond the State in which it was issued, constructing lege ferenda proposals based on the respect of due process of law.