Uniao Brasileira de Compositores UBC v. Arthur Rodrigues Vilarinho
Brazil Supreme Federal Court
Extraordinary Appeal number 201.819/RJ (2005)
- Written by Mary Katherine Cunningham, JD
Facts
The Brazilian Union of Composers (UBC) (defendant) was a civil nonprofit organization that collaborated with the Central Office for Author’s Rights to determine the extent of music rights. The UBC excluded Arthur Rodrigues Vilarinho (plaintiff) from its board of members. Prior to the exclusion, the UBC had appointed a special committee to investigate statutory violations committed by Vilarinho. This committee met and examined the documentation provided by the UBC before expelling Vilarinho. Vilarinho brought a suit in the Rio de Janeiro state court, alleging a violation of his right to defend himself or provide evidence to the committee in his favor. The UBC appealed the decision of the state court, which found that the UBC violated Vilarinho’s due-process rights under Article 5, LV of the Constitution.
Rule of Law
Issue
Holding and Reasoning (Gilmar Mendes, J.)
Dissent (Gracie, J.)
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