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Class Action, known as Ação Popular in Portugal, is a type of legal action in which a large group of people come together to sue another party. It provides a practical method for several individuals to collectively initiate a claim — typically against large entities, such as corporations or the government. Portugal's legal landscape allows for Class Actions under the Portuguese Constitution, most commonly in the fields of consumer law, environmental law, and urban planning. In Lisbon, Class Actions are a significant part of litigation and dispute resolution.
Despite Portugal's advanced legal framework, Class Actions can be complex and overwhelming for individuals. Whether you're seeking to initiate a class action, or if you're a defendant in one, it's crucial to have a knowledgeable lawyer to navigate the intricate legal procedures, provide valuable advice and achieve the best outcome possible.
Typical scenarios where you might need a Class Action lawyer include instances where you, along with others, have been victim to consumer fraud, environmental harm caused by businesses, or illegal activity by a corporation. For defendants, often corporations or large entities, legal representation is particularly crucial to protect their interests in such lawsuits.
In Portugal, Class Actions are governed primarily by the Portuguese Constitution (Art. 52) and the Law of Popular Action (Lei de Ação Popular, Law 83/95). These provide that any citizen, association or foundation concerned with defending public or common interests may initiate a lawsuit. Additionally, the Consumer Protection Law (Lei de Defesa do Consumidor, Law 24/96) allows consumers to sue if there's a violation of their rights. These laws maintain class arbitration and class settlements as valuable tools for resolving Class Actions.
Under Portuguese law, any citizen, as well as associations, foundations, and other collective entities with a mandate to defend public or common interests, can initiate a Class Action.
The statute of limitations for Class Actions in Portugal typically depends on the nature of the claim— for instance, in consumer law cases, legal action is often time-barred after 3 years.
In most cases, members of the class are automatically included in the lawsuit and can opt-out if they prefer to pursue individual litigation or do not wish to be bound by the potential class judgment.
Generally, costs are shared among the group, which lessens the individual financial burden. Legal aid systems exist to support those who cannot afford the costs.
Should the Class Action be successful, the compensation is typically distributed proportionately among the members of the group.
In Lisbon, various resources can support you in understanding Class Actions and your rights more comprehensively. The Portuguese Justice Department (Ministério da Justiça) provides wide-ranging information pertinent to Class Actions. Organisations, including Portuguese Consumer Association (DECO) and the Portuguese Bar Association (Ordem dos Advogados), can offer valuable insights and legal aid.
If you find yourself involved in a potential Class Action, it's recommended to seek legal advice immediately. An experienced lawyer can guide you through the process, ensuring you understand your rights and options. You might also consider reaching out to organizations like DECO or the Portuguese Bar Association for further support or advice.
