Orality in collective redress

Proposals for its implementation

Abstract

In addition to a cultural change in the way of living the process, we need clear rules in an eventual legislation on collective processes, which, starting from an effective orality, draw horizontal guidelines to be applied regardless of the jurisdiction, matter and the procedural vehicle that is occasionally used. This will imply a paradigm shift in the way decisions are made that influence the lives of thousands of people, making them more democratic and with a basis for broad debate, which amplifies the social and political legitimacy of the judiciary, traditionally seen as an elitist and counter-majority power.