Pluralidade como corolário da liberdade sindical

• Autor(a) principal: Oliva, Cláudio Cesar Grizi
• Data de Publicação: 2009
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/8855
• topic: Liberdade; Pluralidade; Direitos fundamentais -- Brasil; Liberdade de associacao -- Brasil; Sindicalismo -- Brasil; Liberty; Plurality; Syndical; Law; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Labor union freedom has been managed for over 60 years by the International Labor Organization (ILO) by its Conventions numbers 87 (1948) and 98 (1949). It has been ratified by the democratic western countries, including the ones that originally formed Mercosul with Brazil, and recommends that all workers and employees have the right to establish the organizations which they judge convenient and to become members in order to promote and defend their interests and freely make negotiations with the other part, without the interference of the State or the intervention of either of them upon the other. According to the ILO (International Labor Organization), the labor union freedom and the freedom to become a member constitute a fundamental human right that go together with the right to collective negotiation, represent a central value in this international organization, promoting the democracy, a good labor market management and decent work conditions. There is strong political resistance in Brazil to confirm the ILO Convention number 87, despite the several opportunities throughout the democratic periods, which includes the current one, the Constitution of 1988, considered one of the most advanced in the world. Therefore, based on Raimundo Faoro‟s thesis, this dissertation, through a historical, sociological, philosophical-ideological and legal focus; aims at progressing in interpreting the establishment of the labor union uniqueness that comes with the compulsory labor union contribution, the economic category and the normative power of the Labor Justice, even after the publishing of the Federal Constitution of 1988 that already represented progress when it separated the labor union from the state. Once the pathology has been identified, follow propositions of ways to overcome them