Freedom of Association/History/Country sources/Brazil: Difference between revisions
Import-sysop (talk | contribs) (transformed) |
No edit summary |
||
| Line 4: | Line 4: | ||
|question=Country sources | |question=Country sources | ||
|questionHeading=What is the oldest written source in this country that mentions this right? | |questionHeading=What is the oldest written source in this country that mentions this right? | ||
|breakout=Brazil | |||
|pageLevel=Breakout | |pageLevel=Breakout | ||
| | |contents=According to Thiago Luís Santos Sombra the right to freedom of association in Brazil dates to 1891: "The freedom of association is, thus, an extension of private autonomy and, although it was only included in the Brazilian legal order as a | ||
constitutional guarantee in the 1891 Constitution (art. 72), it represents a social phenomenon that precedes the Declarations of Rights and the Constitutions of the 19th Century." | |||
Brazil’s current constitution ([[Probable year:: 1988]]) has exceptionally detailed freedom of association provisions. Title II-I-5 states that: | |||
- there is total freedom of association for lawful purposes, but any paramilitary association is prohibited; | - there is total freedom of association for lawful purposes, but any paramilitary association is prohibited; | ||
| Line 18: | Line 21: | ||
- when expressly authorized, associations have standing to represent their members judicially and extrajudicially | - when expressly authorized, associations have standing to represent their members judicially and extrajudicially | ||
References: | |||
Sombra, Thiago Luís Santos, "Representation and Deliberation: Does Every Vote Have The Same Influence In The Voting Process Of Associations?" Thurgood Marshall Law Review n. 41, issue 2, December 2015 | |||
“Federal Supreme Court Constitution - Stf.jus.br.” Accessed September 14, 2022. https://www.stf.jus.br/arquivo/cms/legislacaoConstituicao/anexo/brazil_federal_constitution.pdf. | |||
}} | }} | ||
Latest revision as of 20:42, 15 May 2024
What is the oldest written source in this country that mentions this right?
Brazil
According to Thiago Luís Santos Sombra the right to freedom of association in Brazil dates to 1891: "The freedom of association is, thus, an extension of private autonomy and, although it was only included in the Brazilian legal order as a constitutional guarantee in the 1891 Constitution (art. 72), it represents a social phenomenon that precedes the Declarations of Rights and the Constitutions of the 19th Century."
Brazil’s current constitution (1988) has exceptionally detailed freedom of association provisions. Title II-I-5 states that:
- there is total freedom of association for lawful purposes, but any paramilitary association is prohibited;
- creation of associations and, as set forth in law, of cooperatives, requires no authorization, prohibiting state interference in their operations;
- associations may be compulsorily dissolved or their activities suspended only by a judicial decision, which in the former case must be a final and unappealable decision;
- no one can be compelled to join an association or to remain in one;
- when expressly authorized, associations have standing to represent their members judicially and extrajudicially
References:
Sombra, Thiago Luís Santos, "Representation and Deliberation: Does Every Vote Have The Same Influence In The Voting Process Of Associations?" Thurgood Marshall Law Review n. 41, issue 2, December 2015
“Federal Supreme Court Constitution - Stf.jus.br.” Accessed September 14, 2022. https://www.stf.jus.br/arquivo/cms/legislacaoConstituicao/anexo/brazil_federal_constitution.pdf.