Voluntary and Open Membership and the decisions of the Courts in Brazil
Abstract
This study analyzes the legal content of the Principle of Open and Voluntary membership in Brazilian law, examining the requirements established by the legislation to be a member of the Cooperative, as well as the possibilities of restricting the entry of new members and the decision-making of higher courts regarding the theme. In Brazilian law, the legislation gives Cooperatives the prerogative of not accepting new members, even in the case of candidates for associates who fulfill the legal and statutory requirements to associate, whenever there is «technical impossibility of providing services.» The analysis of the decision-making discourse of the Superior Court of Justice revealed the recognition by the Court of the Cooperative Principle of Open and Voluntary Adhesion, rejecting the establishment of discriminatory and arbitrary requirements as conditions of admission to Cooperatives.
Received: 30 May 2017
Accepted: 01 September 2017
Published online: 22 December 2017
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