Post by messi05 on Jan 24, 2024 7:54:55 GMT
Procedural substitution (which does not require authorization members) as they benefit all consumers. Only the last one falls under the representation, as it aims to protect the members", wrote the jurist in an email. They exchanged emails to discuss procedural issues. The jurist recommended that the association set aside the request that fell within the representation. This is because Amarbrasil tried to implement the "opt-in right" technique in the action. Through this technique, all members who choose to join the cause until the decision becomes final would be favored by it.
But according to Ada Pellegrini, in Buy Phone Number List Brazilian collective law the "opt-in" technique was not adopted. She highlighted that jurisprudence (including the Federal Supreme Court) is firm in the sense that res judicata, in cases of representation, only covers members who gave authorization before filing the action. Lawyer Uarian Ferreira countered, arguing that the exercise of the "opt-in right" as a way out for the development of Participatory Democracy. "There is no logic or reasonableness to require the Association to file successive actions in order to meet the 'representation' of each (or group) of new members, obviously unrelated or not 'named in the initial petition' as beneficiaries", stated the attorney. Regardless of this issue, the lawyer continued her interest in intervening in the case.
On July 12th, she filed a request with the TJ-DF to join the action as amicus curiae . On the 13th, she also sent another request to the association , so that it could also be filed with the Federal Court, where another action by Amabrasil is taking place against the telephone operators. However, a few hours after the last email sent to Amarbrasil, the lawyer died at her home. Over her 84 years, Ada participated in the reform of the Criminal Procedure Code and the Consumer Protection Code, was co-author of the Telephone Interception Law, the Public Civil Action Law and the Writ of Mandamus Law and carried out research on means alternative dispute resolution options. The death of jurist Ada was felt throughout the country's legal community.
But according to Ada Pellegrini, in Buy Phone Number List Brazilian collective law the "opt-in" technique was not adopted. She highlighted that jurisprudence (including the Federal Supreme Court) is firm in the sense that res judicata, in cases of representation, only covers members who gave authorization before filing the action. Lawyer Uarian Ferreira countered, arguing that the exercise of the "opt-in right" as a way out for the development of Participatory Democracy. "There is no logic or reasonableness to require the Association to file successive actions in order to meet the 'representation' of each (or group) of new members, obviously unrelated or not 'named in the initial petition' as beneficiaries", stated the attorney. Regardless of this issue, the lawyer continued her interest in intervening in the case.
On July 12th, she filed a request with the TJ-DF to join the action as amicus curiae . On the 13th, she also sent another request to the association , so that it could also be filed with the Federal Court, where another action by Amabrasil is taking place against the telephone operators. However, a few hours after the last email sent to Amarbrasil, the lawyer died at her home. Over her 84 years, Ada participated in the reform of the Criminal Procedure Code and the Consumer Protection Code, was co-author of the Telephone Interception Law, the Public Civil Action Law and the Writ of Mandamus Law and carried out research on means alternative dispute resolution options. The death of jurist Ada was felt throughout the country's legal community.