O sindicato profissional e sua atuação em tempos de crise : um estudo comparado dos direitos brasileiro e espanhol

• Autor(a) principal: Silva , Elizabet Leal da
• Data de Publicação: 2018
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_RS
• Texto Completo: http://tede2.pucrs.br/tede2/handle/tede/8303
• topic: Liberdade Sindical; Negociação Coletiva; Crise Laboral; Freedom of Association; Collective Bargaining; Labor Crisis; CIENCIAS SOCIAIS APLICADAS::DIREITO

The purpose of this thesis is to study freedom of union based on the foundations of the International Labor Organization (ILO), through Convention nº 87 and its effects in Brazil, where it has not been ratified and in Spain, which internalized it. From the analysis of freedom of union, we can see the study of the union systems in both countries studied: Brazil and Spain. The characteristics of each of the systems are addressed, since in Brazil, union unity remains in force, which is in conflict with the principle of freedom of association defended by the ILO. The analysis proceeds on the system in force in Spain: union plurality. In this way, full freedom of association is allowed by allowing workers to create as many trade unions as they seem necessary, but they can unite of their own volition and form a true union unity. On the basis of these elements, the institute of collective bargaining is analyzed, which is one of the greatest attitudes of freedom existing in labor relations, because it enables, through dialogue, to the interested parties, the establishment of norms for the satisfaction of their desires, and that the rights of workers and entrepreneurs are respected. In the aspect of collective bargaining, the role of trade unions is discussed as to their function of protecting the interests of workers, which even in collective bargaining are the hyposufficient part. It is also questioned the trade union action in the negotiations, especially in times of crisis, regarding the performance against situations that aim to prevent workers from losing their rights conquered throughout history. This paper then gives a brief analysis of the influences of the economic crisis experienced both by Brazil and Spain in the period from 2010 to 2017. As conclusion, an analysis is presented indicating the difference between the systems - unicity and plurality - in the field of collective bargaining, emphasizing whether or not they present a difference in relation to union action in the search for protection of the labor relation. For the development of this thesis, the method of deductive approach will be adopted. As an investigative procedure, historical and comparative methods should be used, based on bibliographic and documentary theoretical research.