A coexistência dos princípios da unicidade sindical e da liberdade de associação no sistema sindical brasileiro: (des)equilíbrio

Abstract

The Federal Constitution of 1988 brought new guidelines for the union movement in Brazil. Inspired by the spirit of freedom that developed in the country during the reopening of democracy, the constituent legislator be assured a free professional association and trade union in the country, prohibiting the Government interference and intervention in the unions, precept which became known as Principle of Freedom of Association. However, despite this great progress, kept the weather Principle of Trade Union Unity, characteristic of the dictatorship government, which prohibits the creation of more than one trade union organization at any level, representing the same economic or professional category in a territorial basis conterminous. Given the coexistence of these two precepts matrix and opposite origins, the Brazilian union model is the target of constant criticism of the doctrine, being in disagreement, even with ideal proposed by the International Labour Organization-ILO. In this sense, using the deductive method, this research initially sought to bring about an overview of trade unionism in the world, culminating in the evaluation system Brazilian union, specifically from coexistence of Principles on Freedom of Association and Trade Union Unity, bringing an overview of the discussions on the subject, and shows some prospects for its amendment, from the presentation of the Proposed Constitutional Amendment nº. 369/2005. From this analysis, it was possible to understand that the union model brazilian shows up contradictory and unstable, behold, is not defined between the granting of freedom and control of the union by the state, why is believed to be necessary to discuss the issue , so you can promote a reform that suits the union system adopted by Brazil to social reality currently prevailing in the country.