Direito Civil - Aula #20 - Associação (É isso!)

É Isso! - com Marco Evangelista
26 Jun 201810:25

Summary

TLDRThis video script explains the concept of 'associação' (association) under Brazilian private law, emphasizing its non-profit nature. Associations are created through a legal statute and can serve various purposes, either external (e.g., charity) or internal (e.g., strengthening members' interests). Key aspects include membership categories, rights, governance via a general assembly, and the legal process for dissolution. Profits generated by associations remain within the organization and cannot be distributed to members. The video distinguishes associations from profit-driven entities like companies, while offering practical examples like student committees and social clubs.

Takeaways

  • 😀 An association is a union of people formed for non-lucrative purposes, meaning profits generated stay with the organization and are not distributed to the members.
  • 😀 An association is distinct from a company or society, as it is not meant to generate profits for its members, but instead aims to serve a common cause or interest.
  • 😀 The legal foundation of an association is established through an *ato constitutivo* (founding act) and registered with a civil registry office, not a commercial registry.
  • 😀 Associations can take various forms, such as clubs, NGOs, sports teams, or even student organizations, and their name does not determine their legal nature.
  • 😀 The *estatuto* (statute) of an association outlines its operational rules, including membership criteria, governance, decision-making, and the rights and duties of members.
  • 😀 Membership in an association is personal and non-transferable, but the statute may allow the sale or transfer of membership under specific conditions.
  • 😀 The highest decision-making body in an association is the *assembleia geral* (general assembly), which includes all members and can be convened by a minority of members (e.g., one-fifth of them).
  • 😀 Associations can divide their members into categories, such as founding members, honorary members, and regular members, with varying rights and responsibilities for each category.
  • 😀 Members of an association cannot directly hold each other accountable for actions within the association; they are only accountable to the administration or board.
  • 😀 If an association dissolves, any remaining assets must be transferred to another association with a similar non-lucrative purpose, ideally within the same municipality or state.
  • 😀 The statute of an association should specify how its assets will be distributed upon dissolution. If not, the law mandates that assets go to a similar entity.

Q & A

  • What is the main purpose of an association in Brazilian Civil Law?

    -An association is a union of people with a non-profit purpose, whether it is for charitable, social, or internal goals such as strengthening members' interests.

  • Can an association be formed with a profit motive?

    -No, associations are non-profit entities. Any profits generated by an association do not belong to the members but are retained by the entity itself.

  • What legal document is required to form an association?

    -An association is formed by a founding document called a 'statute,' which outlines the organization's structure, purposes, and operational rules.

  • How is the statute of an association registered?

    -The statute must be registered at a registry for legal entities, not at a commercial registry. This is done at a public registry office for legal entities.

  • What are the potential categories of members in an association?

    -The statute of an association can specify different categories of members, such as regular members, founding members, honorary members, and others, each with varying rights and responsibilities.

  • Can membership in an association be transferred?

    -Membership is personal and typically cannot be transferred. However, the statute may allow for membership transfer under certain conditions, such as through the sale of a title.

  • What is the 'right of revolution' in the context of associations?

    -The 'right of revolution' refers to the ability of a minority of members (typically 20%) to call for a general assembly to make changes in the association, such as modifying the statute or removing administrators.

  • What is required for a member to be excluded from an association?

    -A member can be excluded for just cause, following a due process that guarantees the right to defense and appeal. The decision can be made administratively or through judicial means.

  • How are decisions made within an association?

    -Decisions are made through a general assembly, which is the highest deliberative body of the association. The assembly can be convened by the administration or by a specified percentage of members (e.g., 20%).

  • What happens to the assets of an association upon its dissolution?

    -Upon dissolution, the assets of an association are distributed according to the statute. If the statute does not specify, the assets must go to another association with a similar purpose, ideally in the same region.

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Etiquetas Relacionadas
Brazilian lawassociationlegal entitiesnon-profitmembership rightsgovernancestatutegeneral assemblydissolutionprivate law
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