Interests and Rights Protected by Criminal and Non-Criminal Class Actions

Abstract

Traditionally, the theme of interests and rights protected by class actions is treated exclusively under the non-criminal approach (administrative, civil, electoral, and labor procedures). The present study proposes a new paradigm, analyzing the interests and rights protected by class actions in a holistic way, under the penal and non-penal approaches. This is a new perspective that, using hypothetical-deductive reasoning and primary nature (judgments and laws) and secondary nature (doctrinal understandings) data, allows us to conclude that the traditional approach to legal situations protected by class actions is insufficient.