Virtual Course on Collective Processes

Conflicts involving large numbers of individuals and repeated offenses that must be addressed and resolved by judicial operators occur more and more frequently. The organic and institutional structures and methods of discussion (codes, procedural laws) that were originally designed to address individual disputes are insufficient for addressing collective ones.

This is an evolving field of law in nearly all of the countries in this region and indeed around the world.

The course, which was developed by JSCA staff and Professor Francisco Verbic, presents general guidelines, principles, and institutions that govern the field of collective protection of rights to judges, attorneys, and policymakers from this region. It focuses on judicial processes that benefit groups of people developed by certain atypical representatives of others’ rights (individuals, third sector organizations, and public entities) whose judicial work will have the quality of res judicata -with a range of scopes- even for those who have not formally participated in the discussion.
  • To understand the collective actions, process in the context of the Ibero-American Model Code of Collective Processes.
  • To allow students to acquire basic skills for litigating collective processes.
  • To allow students to acquire skills for managing collective process hearings.
Module 1: Introduction to collective processes
The goal of this module is to define collective processes and explore how this definition is configured by legal traditions linked to specific national legal systems. To describe the purposes and advantages of collective processes in the protection and enforceability of the fundamental rights of groups whose rights have been violated.

Module 2: The role of the judiciary and the judge in collective processes
This module explores the role of the judiciary in this area and the role of the judge as the “orchestra conductor” who guides the process. It also demonstrates the need to turn individual actions into collective ones and the judge’s authority to do so.

Module 3: Key institutions in the collective process: Hearings, representation, legitimation, certification, and the burden of proof
In this module, students will analyze procedural institutions that are part of collective processes, considering the unique characteristics of this type of proceedings. They also will compare procedural institutions that are part of the collective process and those used in individual processes, analyzing their similarities and differences.

Module 4: Res judicata, binding systems, and structural sentences at the international level
In this module, participants will identify the existing connection between the requirements for the legitimation of the representative and the scope of res judicata, mentioning its consequences. They will then study the configuration of the group in a collective process as well as its models and the more active role that judges play in these cases compared to individual processes. Finally, students will learn about differences at the sentence execution stage through the study of the Argentinean model, which was developed through the Mendoza case, and the implications of this delegation of supervision at the sentence execution stage.

The suggested course calendar is presented below:
  • Introduction to the e-learning platform. May 3-9
  • Module 1: May 10-16 (contents and evaluation)
  • Module 2: May 17-23 (contents and evaluation)
  • Module 3: May 24-30 (contents and evaluation)
  • Module 4: May 31- June 6 (contents and evaluation)
  • Final paper: June 7-20 (5 to 10 pages)
  • Grades and Certification: June 21-30

The above notwithstanding, the instructor will publish the course contents and information about the assessments and final paper on the first day of the course (24 hours). This will allow students to adjust the course activities to their personal and professional schedules.

Students should complete the multiple choice assessments upon completing each module. Students should complete the final paper after finishing 4 modules and the respective assessments.

Each assessment has 10 questions, and 1 point will be awarded per question. The maximum score is thus 10 points. The final paper will be graded as “fail,” “pass” or “outstanding” based on the evaluation guidelines that will be distributed in advance.
The cost of the course is US$100 (one hundred US dollars).

Once you have registered using the electronic form, you will receive an email with payment instructions. You will have two payment options:
  • Payments completed outside of Chile: Online payment using a link to a credit card in dollars.
  • Payments completed within Chile: Online payment using Red Compra or a credit card.
Discounts - Individual early registration:* 25% discount (final cost USD$75)
- Early group registration discount:** 40% discount (final price of US$60)-***:
- Institutions***: 50% discount (final price of US$50)

*Through March 31, 2021.
** 4 or more people.
*** 10 or more people.
This course is designed for judges, litigators, employees of ministries of justice, and individuals who wish to contribute to the process of implementing collective actions in Latin America.
Students who wish to receive virtual certification for the course may do so if they have passed the assessments at the end of each module and the final paper.

The certification will be granted for 48 classroom hours. The certification will only be distributed digitally and will indicate the dates of the course and whether or not the student passed the course. It will also describe the course contents.

Students who earn an average grade of 70% on the assessments for each module and pass the final paper will pass the course. Certificates will differentiate between students who have passed and outstanding students:
  • Average grade of 7 to 8.9 on the assessments and paper assigned grade of “pass” or “outstanding”: Pass.
  • Average grade of 9 to 10 on the assessments and paper assigned grade of “outstanding”: Outstanding.

For more information, contact Ananías Reyes at