UNICIDADE SINDICAL versus LIBERDADE SINDICAL: FORTALECIMENTO DA CONFEDERAÇÃO OU AFRONTA AO ESTADO DEMOCRÁTICO DE DIREITO?

Abstract

The current collective labor, union or corporate law is contained in Labor Law, the result of social struggles, mainly due to the intense pressure of the industrialized capitalist regime. And its scope of action is related to trade union organization, collective bargaining, collective contracts, worker representation, as well as strikes. Thus, the historical-social antecedent, as well as the transformations in the world of work, it was observed that the Constitutionalist Legislator of 1988, consigned the principles of unitarism and union unity, a model which contrasts with the principle of union pluralism, preconceived by the International Labor Organization (ILO), this pluralism, in the conception of the ILO, through Convention No. 87, considered the best form of workers' representation. And it is from this apparent dichotomy that this essay focuses, more specifically, it sought an answer to the following problem: do the principles of union unity and union freedom culminate in the strengthening of confederations or do they affront the greater principle of the Democratic State of Law? And, in order to seek an answer to the basic questioning of this study, the type of research of a descriptive, bibliographic and documentary nature was adopted. As a conclusion to the problem question, it was found that there are conflicting principles, because when union unity is recognized, the fundamental principle of freedom of expression is prohibited and, by correlation, the greatest principle of the Democratic State of Law, since the sovereignty has not been taken into account. In another area, although the institutes of representation by federations and confederations are recognized, they are already weakened, since with the limitation imposed by the constituent legislator, in art. 8, II allowing there to be only one union per federation, prohibiting the freedom and sovereignty of choice of workers and employers, insofar as it prevents the manifestation of free will and the union of representative forces at all levels.

Keywords: Apparent Dichotomy. Union Unicity Principle. Freedom of Association. ILO Convention no. 87.