Indicator history

Close Window

Is class action or actio popularis possible? (court claims or action in the name of a group)

Key Area:
Anti-discrimination Legislation & Implementation
Discrimination, Equality
10/01/2012 - 13:17
Short Answer

Yes, class action is possible in some extent.

Qualitative Info

Trade unions and NGOs in cases concerning race discrimination, and in some administrative proceedings have the right to act on behalf of one or more complainants. Class actions, in the sense of collective actions, i.e. actions with several complainants are possible in civil, criminal and labour procedures under Article 5(2)(c) of the Code of Labour Procedure, which states that trade unions may file actions in representation of their members who authorise them to do so in cases related to the general violation of individual rights of identical nature. Article 5(3) states that the authorisation is presumed if the member does not manifest any opposition after being informed by the trade union of its intention to file the action.

Article 53(1) of the Código do Procedimento Administrativo [Code of Administrative Procedure] grants to NGOs some rights to legal standing that can be used in some administrative procedures.

Groups affected/interested Migrants, Ethnic minorities
Type (R/D) Anti-migrant/xenophobia, Inter-ethnic
Key socio-economic / Institutional Areas Employment - labour market, Daily life
External Url
Portugal 2009 - Country report on measures to combat discrimination