PROCEDURAL TECHNIQUES EVOLUTION FROM EXACERBATED INDIVIDUALISM TO ARTIFICIAL COLLECTIVISM: IRDR AS THE SYSTEM BALANCE TOOL

Abstract

This paper demonstrates that the Repetitive Claims Resolution Proceeding (IRDR) has provided a procedurally more auspicious technique for the resolution of mass claims regarding homogeneous individual rights than the article 81, item III of the Consumer Protection Code class actions were able to, for it affords economy of scale without violating litigants autonomy in mass adjudication. At the end, it argues that there is a mixed relationship between class actions and IRDR: a complementary one between both techniques for the protection of negative value claims, and a superiority one, favoring the latter, for the protection of positive value claims.

Keywords

• repetitive claims resolution proceeding
• multi-party litigation
• collective redress
• mass litigation
• access to justice
• litigants autonomy