MANIFESTAÇÕES PÚBLICAS: COLISÃO ENTRE AS LIBERDADES FUNDAMENTAIS DE LOCOMOÇÃO E DE REUNIÃO/PUBLIC MANIFESTATIONS: COLLISION BETWEEN THE FUNDAMENTAL FREEDOMS OF LOCOMOTION AND ASSEMBLY/MANIFESTACIONES PÚBLICAS: COLISIÓN ENTRE LAS LIBERTADES FUNDAMENTALES DE LOCOMOCIÓN Y REUNIÓN

In recent years, the performance of public manifestations have significantly increases, whether as forms of political protests, or with social improvements' goals. In the same scenario, there is the situation of passersby, who, especially in the manifestations with a bigger number of people, fi...

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Bibliographic Details
Published inArgumenta no. 25; p. 133
Main Authors Cabreira, Thiago Guimarães, Preussler, Gustavo de Souza
Format Journal Article
LanguagePortuguese
Published Jacarezinho Universidade Estadual do Norte do Paraná-UENP, Programa de Mestrado em Ciência Juridica 01.01.2016
Subjects
Demonstrations & protests
Freedom of assembly
Freedom of movement
Jurisdiction
Jurisprudence
Legal studies
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Summary:In recent years, the performance of public manifestations have significantly increases, whether as forms of political protests, or with social improvements' goals. In the same scenario, there is the situation of passersby, who, especially in the manifestations with a bigger number of people, finds it difficult or is left unable to pass through the site. There is, in this case, a clear case of fundamental rights' colision: on the side of the protesters, there is the freedom of assembly; on the side of passersby, there's the freedom of movement. If there is a dispute, there is also a need for a motivated jurisdictional solution. In order to do so, despite the development of various theories and proposals, the reality is that judicial decisions are still inadequate. Based on this scene, this article's purpose is to show the existing techniques and especially the improvement of the balancing technique, through research and case-study of collision between the fundamental rights of locomotion and assembly.
ISSN:1676-2800
2317-3882