Reflections About the Impact of the Mandatory Union Contribution

• Autor(a) principal: Oliveira, Deborah Delmondes De
• Data de Publicação: 2015
• Outros Autores: Santos, Daniela Ramos de Oliveira dos
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Movimentos Sociais e Conflitos
• Texto Completo: http://www.indexlaw.org/index.php/revistamovimentosociais/article/view/264
• topic: Unionism; Union fees; Mandatory; Representation; Sindicalismo; Contribuição sindical; Obrigatoriedade; Representatividade

This research proposes a discussion about the union contribution stated in article 149 of the Constitution of the Republic of 1988 and articles 578 to 591 of the Consolidation of Labor Law. The main goal is to depict the historical context behind the emergence of unionism in Brasil. Also, it will be addressed the origin of the institution of the Union Contribution and its mandatory nature. In addition to that, its ex will be addressed, as well as its extension in the public service, from the Normative Instruction n. 01, 2008, issued by the Ministry of Labor and Employment. It will be analyzed the consequences arising from the compulsory union dues taking into consideration the difference between formal representation and representativeness of unions. Starting from the assumption that the obligation of the Union constitutes a positive factor, since the tax in question is the main funding sources for the trade unions' activities. However, the growth in the registration of trade unions by the Ministry of Labor and Employment, resulted on a shift on the purpose of union dues to a merely tax collection. Furthermore, the mandatory collection calls into question the right to freedom of association under article 8 of the Constitution of 1988. Despide the mandatory need the contribution is essential that the resource is intended entities that effectively have representation in related function It was used various methods of research and study, especially, bibliographic, articles and jurisprudence.