Acciones colectivas para la reclamación de daños y perjuicios y tutela del consumidor, una mirada desde el derecho chileno y comunitario
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The compensatory action in collective consumer proceedings was a need for prevailing
regulation in Community Law, contributing to the indemnity of the consumer as an effective
and efficient tool for reparation of the collective consumer, in this sense Directive 2020/1828
regulates the aforementioned action, together with procedural aspects, prioritizing the
autonomy of the Member States in determining the scope of many of the prerogatives
installed by the aforementioned Directive. This paper analyzes the fears of the European
community that tries to move away from the North American vision of collective actions in
consumer matters, considering the Chilean vision that, strongly influenced by European Law
in various matters, neglects its classic legal culture to seek a concession. different from the
matter in question, and with the very foundations of its legal culture, it obtains a rather mixed
system between the community and the Anglo-Saxon. This allows us to see if community
fears have an objective basis or rather their stubbornness prevents collective consumers from
holding tools that allow for better reparation, both from a substantive and procedural
perspective