Extraordinary appeal as a model for class action lawsuits

Abstract

The Brazilian Constitutional Amendment 45 established ‘general repercussion’ as a constitutional requirement for the admissibility of any extraordinary appeal. Additionally, appellants must demonstrate that their appeal transcends individual interests. Furthermore, this study demonstrates that the general repercussion of a constitutional problem is of fundamental importance to appeals. Moreover, the participatory or collective democratic model ensures that all stakeholders have the right to participate in the foundation of any requisite of admissibility. Nonetheless, analysis of general repercussion should occur in the context of the analysis of the merits of the appeal, legitimizing dialogical participation of all interested parties in the construction of provisions, so that the extraordinary appeal is seen as a preferred model for democratic participation. This paper utilized literature review, whilst presenting critical examinations on the research topic.