Gouveia, Mariana França; Garoupa, Nuno --- "Class Actions in Portugal" [2012] ELECD 316; in Backhaus, G. Jürgen; Cassone, Alberto; Ramello, B. Giovanni (eds), "The Law and Economics of Class Actions in Europe" (Edward Elgar Publishing, 2012)

Book Title: The Law and Economics of Class Actions in Europe

Editor(s): Backhaus, G. Jürgen; Cassone, Alberto; Ramello, B. Giovanni

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847208033

Section: Chapter 17

Section Title: Class Actions in Portugal

Author(s): Gouveia, Mariana França; Garoupa, Nuno

Number of pages: 9

Extract:

17. Class actions in Portugal
Mariana França Gouveia and Nuno Garoupa

In this chapter we discuss the introduction of class actions in Portugal. We
start by looking at the current legal framework and making some impor-
tant distinctions from the American version of class action. We then look at
procedural rules concerning the adequacy of representation, notification of
class members and calculation of damages. We further discuss some recent
developments, including the introduction of consolidation in civil proce-
dure. Some final remarks conclude the chapter.


1. INTRODUCTION
In Portugal, class actions exist in the current legal framework, but they are
different from the American model to some extent, both in nature and in
procedure. The legal framework for class actions (acção popular) is funda-
mentally established by Law 83/95, of August 31. Nevertheless, this law
deals simultaneously with the right of the community to participate in the
process of designing certain public policies (therefore establishing the
procedural rules for such participation) and class actions per se.
The right to participation in designing public policies allows citizens to
contribute to the decision process concerning certain matters of general
interest such as zoning. In this chapter, we look exclusively at class actions
as regulated by Law 83/95. Other relevant pieces of legislation are com-
mented upon at the end of the chapter.
We should nevertheless emphasize that we define class actions in a very
broad way, that is, an action interposed by a private party (natural or legal
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