Collective processes conditions governing the class action

Abstract

Collective processes play an important role in the globalized world. The right has reacted from the twentieth century to allow access to true justice. In this aspect, Falcon makes an interesting historical study of the institution of the class action, concluding that, in the Anglo-Saxon, the class action is the oldest record of the representative action. In Argentina, the collective processes spread in the jurisprudence and legislation by alternative injunction, regulated in Article 43 of the Constitution, but there is no specific legislation that allows preach the existence of class action as a general category . It notes the need to treat collective disputes, considering homogeneous individual rights and collective goods. Moreover, it is necessary to study the collective process itself, and its central aspects such as standing, evidence and sentencing.