A contribuição sindical compulsória e a liberdade sindical: limites à autonomia e representatividade dos sindicatos no Brasil

Abstract

The union model foresees, besides union unity, the compulsory union dues. These institutes, native of the corporatist philosophy, are factors that restrict the freedom of association in the country, undermining the efficiency and legitimacy of union representation in Brazil, against the spirit of freedom that inspired modern democracies. This study aimed to discuss the main doctrinal positions, as well as the structure established from the 1988 Federal Constitution and understandings consolidated by the International Labour Organization, especially by the Convention 87, which enshrined the union freedom internationally. It pointed up, from the theoretical framework principle of the freedom of association, the main result of the current system. The corporatist institutions allow the monopoly of union representation and guarantees revenue without any effort to the unions, resulting in the existence of a significant number of entities lacking representation. The Brazilian labour system inconsistencies regarding union organization jeopardizes the very perfectioning of the union activity. Lastly, were addressed substantial and compelling changes to the actual effectiveness of the labour union movement, which must be detached from the State's hand and necessarily plural.