Brazilian Union of Composers v. Arthur Rodrigues Villarinho

Extraordinary Review 201819-S (Rio de Janeiro) RE-201819 (2005)

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Brazilian Union of Composers v. Arthur Rodrigues Villarinho

Brazil Supreme Court
Extraordinary Review 201819-S (Rio de Janeiro) RE-201819 (2005)

Facts

The Brazilian Union of Composers (the union) (plaintiff) was a nonprofit organization in Brazil that expelled one of its members, Arthur Rodrigues Villarinho (defendant), for his violation of the organization’s bylaws. Rodrigues Villarinho sued the union, alleging that the organization had failed to respect certain procedural guarantees provided by the Brazilian constitution, including the right to defend himself against the accusations before his expulsion from the organization. The lower court agreed with Rodrigues Villarinho, holding that the union had violated his constitutional rights. The union appealed to the Brazil Supreme Court. Justice Northfleet wrote the rapporteur opinion, which held that constitutional guarantees such as the right to defense do not extend to private institutions, explaining that private organizations should be free to regulate their own operation and that individuals joining these organizations presumably know and accept the private entity’s rules. However, upon reexamination, the Brazil Supreme Court declined to adopt Justice Northfleet’s rapporteur opinion, and it instead adopted the opinion authored by Justice Ferreira Mendes.

Rule of Law

Issue

Holding and Reasoning (Ferreira Mendes, J.)

Concurrence (Barbosa, J.)

Concurrence (De Mello, J.)

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