Antonio Gidi

Syracuse University, College of Law, Faculty Member

University of Houston, Law Center, Faculty Member

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View my research on www.gidi.com.br

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Phone: www.gidi.com.br
Address: 4133 North Boulevard Park
Houston, Texas 77098

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Alejandro Valiño

Universitat de València

Remo Caponi

University of Cologne

Armando Marques-Guedes

UNL - New University of Lisbon

Fredie Didier Jr.

UFBA - Federal University of Bahia

Noe Cornago

University of the Basque Country, Euskal Herriko Unibertsitatea

Michele Angelo Lupoi

Università di Bologna

Werner Schäfke-Zell

University of Copenhagen

Gabrielle Goodwin

Indiana University

Gianpaolo Maria Ruotolo

Università Di Foggia

Francisco Verbic

Universidad Nacional de La Plata

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Papers by Antonio Gidi

Civil Justice: A European Approach

Social Science Research Network, May 31, 2021

Retrospective and Prospective Application of Precedents in United States Federal Law

Social Science Research Network, 2019

Brazilian Civil Procedure in the ‘Age of Austerity’? : Effectiveness, Speed, and Legal Certainty: Small Claims, Uncontested Claims, and Simplification of Judicial Decisions and Proceedings

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.

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The Class Action Code: A Model for Civil Law Countries

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

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Civil Justice: A European Approach

Social Science Research Network, May 31, 2021

The Class Action Code: A Model for Civil Law Countries [Chinese]

Social Science Research Network, 2012

Acciones colectivas en Peru

The recognition of U.S. class action judgments abroad: the case of Latin America. Part II: obstacles derived fron traditional rules

ブラジルにおけるクラス・アクション(8)

国際商事法務, 2007

ブラジルにおけるクラス・アクション--大陸法諸国のためのモデル(6)

国際商事法務, 2007

ブラジルにおけるクラス・アクション--大陸法諸国のためのモデル(3)

国際商事法務, 2006

ブラジルにおけるクラス・アクション--大陸法諸国のためのモデル(5)

国際商事法務, 2006

Retrospective and Prospective Application of Precedents in United States Federal Law

Social Science Research Network, 2019

Kodeks postępowania grupowego. Model dla państw prawa kontynentalnego ((The Class Action Code: A Model for Civil Law Countries))

Social Science Research Network, 2015

中国国际私法与比较法年刊, 中国国际私法与比较法年刊 (Class Actions in Brazil - A Model for Civil Law Countries)

Social Science Research Network, Dec 25, 2011

Código de Proceso Civil Colectivo. Un Modelo Para Países de Derecho Civil (The Class Action Code: A Model for Civil Law Countries)

Social Science Research Network, Dec 19, 2006

Notes on Criticizing the Proposed ALI/Unidroit Principles and Rules of Transnational Civil Procedure

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.

Las Acciones Colectivas Y La Tutela De Los Derechos Difusos, Colectivos Individuales En Brasil: Un Modelo Para Países De Derecho Civil (Class Actions in Brazil -- a Model for Civil Law Countries) [Spanish]

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.

Reporters' Preface/Preface des rapporteurs

Uniform Law Review, Dec 1, 2004

Effectividad, celeridad y seguridad jurídica: Pequeñas causas, causas no impugnadas y otras materias de simplificación de las decisiones judiciales y de los procedimientos (Effectiveness, Speed, and Legal Certainty: Small Claims, Uncontested Claims, and Simplification of Judicial Decisions and Pr...

Social Science Research Network, Jun 3, 2019

Civil Justice: A European Approach

Social Science Research Network, May 31, 2021

Retrospective and Prospective Application of Precedents in United States Federal Law

Social Science Research Network, 2019

Brazilian Civil Procedure in the ‘Age of Austerity’? : Effectiveness, Speed, and Legal Certainty: Small Claims, Uncontested Claims, and Simplification of Judicial Decisions and Proceedings

Erasmus law review, Dec 31, 2015

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The Class Action Code: A Model for Civil Law Countries