The Legitimacy of Unregistered Associations: Commentary on Judgment No. 30615 of 2024

The recent Judgment No. 30615 of May 9, 2024, offers an important reflection on the legitimacy of unregistered associations to constitute themselves as civil parties in compensation proceedings. This issue is highly topical, not only for the legal aspects involved but also for the protection of the collective and social interests that these associations pursue.

Context of the Judgment

In this judgment, the Court of Cassation addressed the case of an unregistered association that requested to be constituted as a civil party for damages suffered due to a crime. The Court ruled that, even if unregistered, the association can advance a claim for compensation "iure proprio" if it demonstrates that it has suffered pecuniary or non-pecuniary damage, consisting in the offense to its statutory interest.

Unregistered association - "Iure proprio" compensation claim - Offense to statutory interest - Necessity - Rooting in the territory where the crime occurred - Exclusion - Case law. The constitution as a civil party of an association, even if unregistered, which has advanced, "iure proprio", a claim for compensation alleging that it has suffered, as a result of the crime, pecuniary or non-pecuniary damage consisting in the offense to the interest pursued by it and enshrined in its articles of association, is admissible, as the association's rooting in the specific territorial context where the injury occurred is not required. (Case in which the Court deemed unimpeachable the decision that had recognized the legitimacy to constitute as a civil party to associations statutorily responsible for the protection of workers' health in the workplace, within the framework of proceedings concerning the death of some workers due to violations of health and safety regulations in the workplace).

Legal Implications

The judgment clarifies that it is not necessary for the association to be territorially rooted in the place where the injury occurred. This aspect is crucial, as it allows many associations to play an active role in protecting the rights and interests of their members, even in different geographical contexts. The Court emphasized that what matters is that the association pursues a statutory interest, demonstrating that it has suffered direct damage due to the crime.

Conclusions

In conclusion, Judgment No. 30615 of 2024 represents an important step forward in the protection of unregistered associations, confirming that their legitimacy to constitute themselves as civil parties is recognized even in the absence of territorial rooting. This legal recognition not only strengthens the role of associations in protecting collective interests but also invites reflection on the importance of their existence and operation in the current social and legal context.