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A aplicação adequada da fluid recovery na liquidação e execução de ações coletivas sobre direitos individuais homogêneos
| Content Provider | Semantic Scholar |
|---|---|
| Author | Gomes, Técio Spínola |
| Copyright Year | 2013 |
| Abstract | This paper discusses the fluid recovery technique that is used for damages evaluation and enforcement of Brazilian class actions in defense of individual homogeneous rights. This study focuses on how this technique can serve to increase access to justice and implement the right to effective enforcement, which is a corollary of the principle of due process. The microsystem of collective protection is used as a reference standard of the Brazilian class actions. The fluid recovery is addressed, from its origin in the United States of America. The development of this law institute in the countries of the common law tradition is also observed. Given the fluid recovery system in the Brazilian Code of Consumer Protection, this paper analyzes how this technique should be applied for maximum realization of rights. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://repositorio.ufba.br/ri/bitstream/ri/11319/1/Disserta%C3%A7%C3%A3o%20-%20T%C3%A9cio%20Sp%C3%ADnola%20Gomes.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |