Português

Abstract

The article analyzes the constitutional aspects of the freedom of association in Brazil, with an emphasis on Article 5, sections XVII and XXI, of the 1988 Constitution, conceptualizing it as a fundamental right of the first dimension, arising from the voluntary union of people for lawful purposes, forming private legal entities. It explores essential elements such as human will, legal observance, and lawful purpose, as well as state restrictions, prohibitions on paramilitary or illicit associations, and collective guaranties, including judicial representation of members. It examines RE 573.232/SC from the STF, which discusses the ad causam legitimacy of associative entities without individual express authorization in collective actions, prioritizing the indivisible nature of diffuse and collective rights. It criticizes the Brazilian union model for its uniqueness, compulsory contributions, and lack of legitimacy for federations, in disagreement with ILO Convention 87, advocating for a constitutional reform for plurality and union autonomy. Emphasizes the role of associative freedom in participatory democracy, the realization of human rights, and the balance between capital and labor, contributing to human dignity and the Democratic State of Law.