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Portugal

Catholic University of Portugal

The science of Law cannot ignore the phenomenon of the influence in Europe of the language, practice and teaching of American law, within an Americanization of Law which takes place alongside the Americanization of European culture. With regard to representative group litigation, Portuguese law has implemented a general set of rules in this area (Law 83/95). The law in force covers popular action to prevention, to the prosecution of offenses and to claims for damages. Popular action includes, amongst other interests protected by the law, public health, the environment, quality of life, consumers' rights, cultural heritage and the public domain. Standing is granted to any citizen who enjoys civil and political rights, and to associations and foundations, regardless of whether they have a direct interest in the claim or not, with the res judicata binding all members of the class who have not exercised their right to opt out.

Key Words: popular action • homogeneous individual interests or rights • damages • injunctions • standing • opt out • public prosecutor

The ANNALS of the American Academy of Political and Social Science, Vol. 622, No. 1, 161-169 (2009)
DOI: 10.1177/0002716208328429


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