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THE SCOPE OF THE ADMISS IBILITY EXAMINATION OF THE CLASS ACTION AND THE RIGHT OF DEFENCE OF THE PARTIES
This paper analyzes the judgment issued by the Supreme Court dated October 1, 2024, in case number 20,625-2024 entitled “Conadecus vs. Santander Consumer Finance and others”, referring to the requirements that a class action lawsuit must meet to be declared admissible, and the scope of the examination of its admissibility and its effects on the parties’ right of defense.
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Admissibility and weighing of the evidence in the appeal courts and the duty to substantiate the sentence
In the present work, the sentence pronounced by the Supreme Court, is analyzed, referring to the need to consider the evidence rendered in the second ins- tance for an adequate justification of the sentence.
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Case law commentary about the admissibility on the “adherence of the appeal” in the procedure before the local court judge. Admissibility of complaint appeal against an appellate court judgment
Two contradictory judgments of the Supreme Court on the admissibility of adhesion to an appeal in a procedure before the Local Court Judge (Juzgado de Policial Local) regulated by Law No. 18,287 are critically analyzed.
Likewise, the admissibility of a complaint appeal is analyzed with respect to the resolution of a Court of Appeals that declares an appeal inadmissible.