Right of assembly and the use of public thoroughfares

Abstract

The article examines the right of assembly and the occupation of public thoroughfares, starting from the premise that the 1988 Constitution, by enshrining such right without prior authorization, has produced excessively broad interpretations. The text outlines a brief history of the institute, defines its nature as an individual right of collective expression, and lists its elements, among which the plurality of participants, temporariness, and common purpose. The exposition argues that peaceful, unarmed assembly that does not thwart another previously convened gathering constitutes the core of the right. The investigation concludes that immanent limits arise from a systemic interpretation of the Constitution, so that the exercise of the right of assembly cannot render unfeasible traffic, work, and the movement of other citizens.