The Brazilian Version of Structural Litigation: A Possible Contribution to Latin America?

Abstract

This article examines the configuration of structural litigation in Brazilian law and its potential as a model for Latin America. Based on the distinction between collective disputes and collective proceedings, the author proposes a typology of disputes—global, local, and irradiated—which enables a better understanding of the diversity and complexity of collective contemporary conflicts. Within this framework, structural disputes are identified as a category of irradiated disputes arising from the defective functioning of institutional structures that generate systematic violations of rights. It is argued that traditional mechanisms are insufficient to address their polycentric nature and the multiplicity of competing interests involved. Accordingly, structural proceedings are proposed as a procedural technique aimed at transforming such structures through flexible and progressive solutions. Finally, the article emphasizes the need to adapt judicial responses to the specific type of dispute, highlighting the relevance of the Brazilian model.