O fim da obrigatoriedade do recolhimento da contribuição sindical

Abstract

This paper aims to analyze the end of mandatory payment of union dues, introduced by the Labor Reform, with the objective of verifying its compatibility with the Brazilian legal system, notably with the Federal Constitution of 1988. In order to achieve this, a literature review was made and the deductive method was used. From a doctrinal review, it was possible to conclude that the union contribution has a tax legal nature, and this understanding is peaceful in the jurisprudence of the Brazilian Federal Supreme Court. Furthermore, it was verified the existence of four doctrinal currents regarding the changes introduced by the Labor Reform analyzed in the present paper. The first one understands that they are unconstitutional. The second current understands that, although they cannot be considered unconstitutional, they are incompatible with the Federal Constitution. The third current understands that the payment of union dues remains mandatory. The fourth current, adopted by the Federal Supreme Court in the judgment of ADI nº 5794/DF, understands that the end of mandatory payment of union dues is legal and constitutional. However, it was concluded that the changes brought about by the Labor Reform are incompatible with the Federal Constitution and should be revised, since, as the Constitution adopted the model of mitigated union freedom, in which the union has the duty to provide the defense of collective and individual rights and interests of the category as a whole, in judicial or administrative matters, as well as to participate in negotiations collective work, also for the benefit of all members of the category, it must also provide those with the financial resources without which the implementation and maintenance of representation - compulsory and extremely broad - becomes impossible or, at the very least, impaired and deficient.