A legitimidade activa para a propositura de acções colectivas para tutela do consumidor

Abstract

The subject of this dissertation is the active procedural standing to bring representative actions for the protection of the collective interests of consumers in the Portuguese legal system. Its main objective is to analyze the configuration of this procedural prerequisite, considering the innovations brought about by Decree-Law no. 114-A/2023 of December 5, which transposes Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020. The study starts with a general framework of popular actions, through a historical contextualization of the fundamental right of popular action, enshrined in article 52, no 3 of the Constitution of the Portuguese Republic. Exploring the differences between diffuse, collective and homogenous individual interests, a distinction is made between popular action and collective action, highlighting the inadequacy of the former for the protection of consumers9 collective interests. While admitting the granting of procedural standing to associations and foundations, as a way of guaranteeing effective judicial protection for consumers, an attempt is made to understand the legal-dogmatic nature of this phenomenon, in the light of the institutes of procedural representation and procedural substitution. Finally, the legal requirements for granting procedural standing to these organizations are analyzed. In this context, the problem of third-party litigation funding and its implications for the independence of these organizations are highlighted.

Date of Award	16 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	André Almeida Martins (Supervisor)