04.02.01.07.02. Any consequences for implementing or not implementing? | Brazil

04.02.01.07.02. Any consequences for implementing or not implementing? | Brazil

06 Apr 2022

Yes. In cases where policies are not implemented, a person or organization that feel themselves in disadvantage for not having their rights protected may file a lawsuit against the organization or a writ of mandamus, depending on the case. The legal consequences will vary based on each situation, but these consequences may be payments of fines or for moral damages, the obligation of following what is stated in the policy etc. (Presidency of Republic of Brazil, 1988, 2009).

References:

Presidency of Republic of Brazil. (1988). Federal Constitution of Brazil. http://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm

Presidency of Republic of Brazil. (2009). Lei 12016. http://www.planalto.gov.br/ccivil_03/_ato2007-2010/2009/lei/l12016.htm