Resumen

GONZALES LUNA, Gina; JULCA GUERRERO, Félix; SANCHEZ ESPINOZA, Ricardo  y  LOLI POMA, Telmo. Structural blindness of the law and collective subjects: challenges for an inclusive justice system. Tribunal [online]. 2025, vol.5, n.13, pp.766-780.  Epub 02-Oct-2025. ISSN 2959-6513.  https://doi.org/10.59659/revistatribunal.v5i13.301.

The main purpose of the research was to carry out a critical review of the normative treatment of collective procedural protection in different legal systems. To this end, a legal-theoretical study with a qualitative approach was carried out. A structural blindness of procedural law is evident, historically focused on individual conflicts, without adapting to the needs of collectives. In Latin America, only Colombia and Mexico have specific laws; there is also a model code of collective proceedings, while Spain does not have any regulation with elements specific to collective litigation. Directive (EU) 2020/1828 regulates qualified non-profit representative bodies and the inclusion of restorative actions. However, there are still the lags of the classic process in its treatment with an opt-in system, with no funding solution.

Palabras clave : Homogeneous individual interests; Collective proceedings; Supra-individual interests; Protection of rights; Representative actions.

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