Brazil

At the end of 2014, the Brazilian Senate shelved Bill 282. The class action proposal would have, among other things, allowed a judge to shift the burden of proof after all of the evidence has been presented, depriving defendants of the ability to properly prepare and present their case because they will not know what standard they will be required to meet. In addition, the bill proposed monetizing class actions by offering financial compensation to civil associations that bring lawsuits. This was in addition to any benefit collected for claimants and any award of the costs of the lawsuit.

While Bill 282 is dead, class action litigation has been pursued in other proposals. Bill 370/15 is moving rapidly and proposes to grant standing to elected members of both Legislative and Executive branches at all levels (federal, state, and municipal), with no restriction as far as the subject matter of what they would be allowed to plea. Standing is currently limited to several pre-approved groups of individuals, such as public prosecutors, public defenders, legal representatives of the Executive branch and associations with purposes related to the subject of the class action. However, if this bill is passed, more than 60,000 individuals will be allowed to file any type of class action.