Antonio Gidi | Syracuse University (original) (raw)
Papers by Antonio Gidi
Social Science Research Network, May 31, 2021
Social Science Research Network, 2019
Erasmus law review, Dec 31, 2015
The current debate in Brazilian Civil Procedure revolves around efficiency, legal certainty, and ... more The current debate in Brazilian Civil Procedure revolves around efficiency, legal certainty, and access to justice, not austerity. As a matter of fact, the debate over austerity is nonexistent in Brazil so far. By expanding the access to justice to a broader portion of the society, the legal system increased the number of cases and the costs associated with the judicial system. But the excess litigation and expense associated with the expansion of access to justice has contradictorily curtailed access to justice. This new situation demands new efforts to increase efficiency and legal certainty, while still increasing access to justice.
This project's objective is to inspire the creation of the best possible code for class action su... more This project's objective is to inspire the creation of the best possible code for class action suits, in light of the needs and peculiarities of civil law countries and international experience with class actions (or collective actions, as they are more appropriately called). The proposal offered below represents the author's choices among possible solutions to problems that arise in the judicial protection of group rights. Each possible solution has its own advantages, disadvantages, and opportunities for abuse. This Model Code could be used as a benchmark to evaluate the effectiveness of the 2010 Polish class action law as well as a model for its future improvement. Many rules herein recommended are repetitions, adaptations, or improvements of existing rules in other legal systems. Others are more innovative, and are the fruit of the author's vision of the class action process as a whole, influenced by comparative procedural law, both
Social Science Research Network, May 31, 2021
Social Science Research Network, 2012
Social Science Research Network, 2019
Social Science Research Network, 2015
Social Science Research Network, Dec 25, 2011
Social Science Research Network, Dec 19, 2006
Social Science Research Network, Sep 27, 2007
This paper consolidates some of the author's personal observations regarding the criticisms d... more This paper consolidates some of the author's personal observations regarding the criticisms directed at the ALI/Unidroit Project on Transnational Civil Procedure. The author argues that, although many of them are important (and many of those those have been accepted and incorporated in the successive versions of the Project) many others are misdirected.Some of the criticisms are of a political character, beyond the reach of the jurists. Others are rooted in misunderstandings of linguistic, technical or cultural origin, and were resolved through improved language or further explanations in the commentary. Others still were caused by a superficial analysis of the Project.At its conclusion, a few years later, the ALI/Unidroit Project was published as Principles of Transnational Civil Procedure (with the Rules attached as a Reporter's Note) by Cambridge University Press.
Social Science Research Network, May 23, 2006
This is a book written in Spanish on class action suits in civil law systems, with especial exami... more This is a book written in Spanish on class action suits in civil law systems, with especial examination of the institutions of Brazil. After a brief introduction, the second chapter reviews differences in the legal systems of Brazil and the United States, focusing on general aspects of civil procedure and class action suits. The third chapter provides a history of the Brazilian class action movement, as well as remarks on the uncertain future of that movement. Chapter four reviews the concept of a class action and examines the distinctions between a class action and a collective action. The fifth chapter examines the different types of group rights protected by class actions, such as diffuse, collective, and individual rights. Chapter six discusses incompatibilities between concepts of individual civil rights and collective rights and reports on Brazil's experiences. Chapter seven examines the ways in which these seeming incompatibilities may be reconciled, including potential legislative remedies and an exploration of Brazil's approach to reconciling them. Chapter eight discusses issues of lis pendens in class actions. The ninth and final chapter is the conclusion. The appendix is the Class Action Model Code in Spanish, Portuguese, and English. This book is the translation of the article Class Actions in Brazil published in English in The American Journal of Comparative Law.
Uniform Law Review, Dec 1, 2004
Social Science Research Network, Jun 3, 2019
Social Science Research Network, May 31, 2021
Social Science Research Network, 2019
Erasmus law review, Dec 31, 2015
The current debate in Brazilian Civil Procedure revolves around efficiency, legal certainty, and ... more The current debate in Brazilian Civil Procedure revolves around efficiency, legal certainty, and access to justice, not austerity. As a matter of fact, the debate over austerity is nonexistent in Brazil so far. By expanding the access to justice to a broader portion of the society, the legal system increased the number of cases and the costs associated with the judicial system. But the excess litigation and expense associated with the expansion of access to justice has contradictorily curtailed access to justice. This new situation demands new efforts to increase efficiency and legal certainty, while still increasing access to justice.
This project's objective is to inspire the creation of the best possible code for class action su... more This project's objective is to inspire the creation of the best possible code for class action suits, in light of the needs and peculiarities of civil law countries and international experience with class actions (or collective actions, as they are more appropriately called). The proposal offered below represents the author's choices among possible solutions to problems that arise in the judicial protection of group rights. Each possible solution has its own advantages, disadvantages, and opportunities for abuse. This Model Code could be used as a benchmark to evaluate the effectiveness of the 2010 Polish class action law as well as a model for its future improvement. Many rules herein recommended are repetitions, adaptations, or improvements of existing rules in other legal systems. Others are more innovative, and are the fruit of the author's vision of the class action process as a whole, influenced by comparative procedural law, both
Social Science Research Network, May 31, 2021
Social Science Research Network, 2012
Social Science Research Network, 2019
Social Science Research Network, 2015
Social Science Research Network, Dec 25, 2011
Social Science Research Network, Dec 19, 2006
Social Science Research Network, Sep 27, 2007
This paper consolidates some of the author's personal observations regarding the criticisms d... more This paper consolidates some of the author's personal observations regarding the criticisms directed at the ALI/Unidroit Project on Transnational Civil Procedure. The author argues that, although many of them are important (and many of those those have been accepted and incorporated in the successive versions of the Project) many others are misdirected.Some of the criticisms are of a political character, beyond the reach of the jurists. Others are rooted in misunderstandings of linguistic, technical or cultural origin, and were resolved through improved language or further explanations in the commentary. Others still were caused by a superficial analysis of the Project.At its conclusion, a few years later, the ALI/Unidroit Project was published as Principles of Transnational Civil Procedure (with the Rules attached as a Reporter's Note) by Cambridge University Press.
Social Science Research Network, May 23, 2006
This is a book written in Spanish on class action suits in civil law systems, with especial exami... more This is a book written in Spanish on class action suits in civil law systems, with especial examination of the institutions of Brazil. After a brief introduction, the second chapter reviews differences in the legal systems of Brazil and the United States, focusing on general aspects of civil procedure and class action suits. The third chapter provides a history of the Brazilian class action movement, as well as remarks on the uncertain future of that movement. Chapter four reviews the concept of a class action and examines the distinctions between a class action and a collective action. The fifth chapter examines the different types of group rights protected by class actions, such as diffuse, collective, and individual rights. Chapter six discusses incompatibilities between concepts of individual civil rights and collective rights and reports on Brazil's experiences. Chapter seven examines the ways in which these seeming incompatibilities may be reconciled, including potential legislative remedies and an exploration of Brazil's approach to reconciling them. Chapter eight discusses issues of lis pendens in class actions. The ninth and final chapter is the conclusion. The appendix is the Class Action Model Code in Spanish, Portuguese, and English. This book is the translation of the article Class Actions in Brazil published in English in The American Journal of Comparative Law.
Uniform Law Review, Dec 1, 2004
Social Science Research Network, Jun 3, 2019