Las acciones colectivas en Japón: evolución histórica y regulación actual

Abstract

In this article, we focus on the new Japanese Act on Special Rules of Civil Procedure for Collective Recovery of Consumer’s Property Damages came into force on 1st October 2016. The rule was adapted from Brazilian Class Action Procedure for so-called “homogeneous individual rights” with its unique rule of res judicata. In comparison with Brazilian system, however, there are so many limitations placed on the scope of application for our new rule. Other than these limitations, the standing to sue is also limited to Specified Qualified Consumer Organizations. We first discuss on historical and theoretical perspectives of standing in the context of consumer class action in Japan. We then examine any possible way to provide a broader scope of application and a wide range of standing including public entities.