Class Actions in Portugal: The Little Regime That Could

This article examines the Portuguese class action regime, often referred to as the popular action (ação popular), and analyzes its constitutional foundations, procedural structure, and practical application.

The author explores the historical origins of the regime, its constitutional basis under Article 52(3) of the Portuguese Constitution, and its implementation through the Popular Action Act (PAA). The study highlights the distinctive opt-out mechanism, the broad standing rules, and the claimant-friendly cost system that characterize Portuguese collective litigation.

The article also provides an overview of the practical reality of class actions in Portugal, including developments in consumer law, competition cases, securities litigation, and GDPR-related claims. Particular attention is given to recent trends in funding, including the increasing role of third-party litigation funding.

The analysis concludes by assessing whether the Portuguese regime can effectively deliver compensation in mass damages cases and how recent judicial practice may shape its future development.

Class Actions in Portugal- The little regime that could.pdf

Scarica PDF • 3.90MB

Author of the article: Miguel Sousa Ferro