Abstract

ELIZALDE-CASTANEDA, RODOLFO RAFAEL  and  CISNEROS-MEJIA, FRANCISCO ARTURO. The Procedural Principles of Collective Actions: A Comparative Study in Europe and Latin America. Rev. Derecho Estado [online]. 2022, n.51, pp.73-101.  Epub June 04, 2022. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n51.03.

This work investigates from comparative law, in the field of contemporary constitutionalism and conventional law, the procedural principles of collective actions that have been adopted by the legal systems of some European countries, such as Spain, France and Germany, and Latin America, such as Mexico, Brazil and Colombia, in order to know their similarities and differences that allow to increase the culture of legal operators, on the one hand, and, on the other, to facilitate the human right of access to justice. We take as the basis of this research, the constitutional theory, the theory of constitutional law, the theory of constitutional procedural law, the general theory of the process and the theory of fundamental rights. Therefore, we found ourselves in the need to resort to the doctrine and legislation of each of the countries mentioned, in the understanding that, if in itself, any study that is carried out under the protection of a theory is, in itself same complex; Now a study based on five theories obviously has an even higher degree of complexity.

Keywords : Collective actions; procedural principles; constitutional law; constitutional procedural law; social rights; human right of access to justice; fundamental rights.

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