PROCEDURAL AGREEMENTS AT COLLECTIVE LITIGATION– SOME BRIFE NOTES

Abstract

This essay analyses the enforcement of procedural agreements at collective litigation, due to the peculiarities of such field. In sum, we argue that the main dilemmas here are coincident with those already present on collective settlements. Additionally, we defend that the very unclearness of procedural agreement boundaries plays a role in this game. Even though, considering that collective settlements are feasible and acceptable, we argue that the same admissibility should be applied to procedural agreements. Lastly, however, we remind that such admissibility does not exclude the need to pursue the legitimacy of those agreements.

Keywords

• collective litigation
• procedural agreements
• settlement
• legitimacy