Draft bill 257.

Summary.

The draft bill establishes a legal framework for class actions, covering their procedure, effects, standing and representation in the defense of collective and diffuse rights and shared interests. It would apply to claims concerning harm or risks affecting an identified or identifiable group in consumer protection, environmental matters, common labor rights, collective civil or property rights, public and administrative services, and mass violations of fundamental rights. Its governing principles are effective access to justice, procedural economy, publicity and transparency, adequate defense, legitimate representation, and collective and comprehensive redress.

A class action would allow a group or its authorized representative to sue an individual, a legal entity or a public entity over harm to shared or collective rights or interests. The draft bill recognizes diffuse rights, collective rights and homogeneous individual interests. Affected individuals, associations, the Ombudsman's Office (Defensoría del Pueblo), the Public Prosecutor's Office (Ministerio Público), the Office of the Attorney General for Administration (Procuraduría de la Administración), and authorized public entities could bring such actions.

Civil Circuit Courts (Juzgados de Circuito Civil) would hear the actions. The Judicial Branch (Órgano Judicial) could establish specialized units through internal regulations. A claim would have to set out the common facts, identify the defendant, request measures and name a collective representative. The Judicial Branch would administer a publicly accessible register of pending class actions, with mandatory updates. The judge would order public notice of the claim through appropriate channels, and affected persons could join the proceedings within a period set by the judge.

A judgment would affect all group members except those who have opted out. It would have to provide for economic, social or symbolic redress, as appropriate. To facilitate class actions, especially those brought by groups in vulnerable situations, the Judicial Branch and competent entities could establish administrative or support mechanisms within their existing resources and structures. The judge could also appoint monitors to ensure that collective judgments are enforced.

The proposed framework would take precedence over other procedural rules. The Civil Procedure Code (Código Procesal Civil) and Judicial Code (Código Judicial) would apply on a supplementary basis. The Judicial Branch would issue regulations within six months of promulgation, and the law would take effect six months after its promulgation in the Official Gazette. The proposal concerns the Judicial Branch, Civil Circuit Courts, Ombudsman's Office, Public Prosecutor's Office and Office of the Attorney General for Administration. It could also concern associations, consumers, workers, public service providers and groups affected in environmental, civil, property or fundamental rights matters.