文章基本信息

标题：A adesão livre e voluntária à luz da jurisprudência dos Tribunais Superiores no Brasil
本地全文：下载
作者：Mario De Conto
期刊名称：Boletín de la Asociación Internacional de Derecho Cooperativo
印刷版ISSN：1134-993X
出版年度：2017
卷号：50
页码：167-178
出版社：University of Deusto
摘要：This study analyzes the legal content of the Principle of Openand Voluntary membership in Brazilian law, examining the requirements establishedby 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.
关键词：cooperative; membership; restrictions.