Mariana Soares David signs the article “Consumer Class Actions: A New Litigation Paradigm”

Mariana Soares David, a partner at Morais Leitão, has written the article “Consumer Class Actions: A New Litigation Paradigm”, published by the magazine Distribuição Hoje.

In the article, the lawyer discusses the right of popular action in Portugal, regulated in 1995 by Law 83/95 and enshrined in the Constitution since 1976. With a significant increase in popular actions, Portugal stands out in Europe in this respect. Any person or association can bring actions on behalf of groups, without prior authorization, under an opt-out system.

Recently, Directive (EU) 2020/1828 was incorporated into Portuguese law by Decree-Law 114-A/2023, which limits legal standing for class actions to associations and foundations, excluding individual consumers. The new law also allows third-party financing, with more flexible rules. The article concludes that there are still doubts about the application of this regime, requiring attention to future court decisions.

See the article in the attachment below.

(The article is in portuguese only)