Abstract
Recent demonstrations in Brazil, such as those that resulted in the road blocking in October 2022 and the invasion of Praça dos Três Poderes in January 2023, provoked great repercussions in the national debate. The objective of this article is to identify, based on legal doctrine and case law, the scope of protection of this fundamental right and its possible limits. Freedom of assembly is closely related to democracy and political pluralism, insofar as it constitutes an instrument for the collective exercise of freedom of expression. Considering such characteristics, part of the doctrine and precedents of the Federal Supreme Court have given a preferential position to this fundamental freedom. However, it is not an absolute right. There are limitations explicitly stated in the Constitution as well as others that result from the weighing of values in the concrete case, when they collide with other fundamental rights.
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