Brazilian labour unions have an excellent reputation in international trade union circles, often being depicted as one of the most dynamic and militant labour movements today. In Brazil, however, many scholars criticize the unions for having abandone ...
Brazilian labour unions have an excellent reputation in international trade union circles, often being depicted as one of the most dynamic and militant labour movements today. In Brazil, however, many scholars criticize the unions for having abandoned the struggle taken up in the late 1970s against the industrial relations system. Since its creation in the 1930s, the authoritarian corporatist labour relations system has, in fact, proven to be extremely resilient. It survived two periods of intense political upheaval—the trade union movement having played a predominant role in both—and radical change to the country’s economic model without undergoing major transformations. The adoption of a new Constitution in 1988 introduced only minor alterations, leaving the pillars of the corporatist system intact until today.
Under the new Constitution, trade unions can be freely organized in Brazil, provided that they are done so for the purpose of studying, protecting, and coordinating the financial or professional interests of a group or its workers. The main requirement for forming a union is that the union must be composed of workers that have solidarity of interests, who perform similar work, or who are in a similar position. In view of that, employees and employers necessarily compose different categories of trade unions: professional unions(categorias profissionais) representing employees, and economical unions (categorias econômicas) representing employers. The Brazilian trade union system is based on the purpose of obtaining a consensus between social agents and on preventing conflicts; therefore, Brazilian unions concentrate their work on bargaining labor conventions(convenções coletivas do trabalho) and collective labor agreements(acordos coletivos do trabalho). Labor conventions and collective labor agreements are recognized by the Constitution of 1998, pursuant to Article 7, XXVI, as a social right of Brazilian workers. The intervention of unions in the bargaining process of labor conventions or agreements is – according to Article 8, Paragraph VI of the Constitution – not only a guarantee, but an obligation. In addition to negotiating collective labor agreements and conventions, trade unions are entitled to give assistance to their workers, particularly in regard to health, educational, and legal matters, and should collaborate with the government to find solutions to problems relating to labor and work conditions. Brazilian trade unions are also entitled to defend the individual and collective interests of their workers, including in judicial and administrative proceedings. The judicial representation of workers by unions is, however, pursuant to precedents of the Superior Labor Court (Tribuanl Superior do Trabalho), not assured by the Constitution and is limited to conflicts involving certain wage adjustments and to cases expressly foreseen in statutes of law, such as claims regarding additional payments for dangerous work.
Brazilian system is called as 'Unicidade' in portuguese. It means 'single union principle'. The new trade union system established by Article 8 of the Federal Constitution of 1988 ensures the principle of freedom of association and organization, so that unions can now be freely organized. The system under which the government laid down requirements relating to trade union structures and recognition has been extremely reduced or eliminated. Despite the freedom of association principle, constitutional restrictions regarding the existence of the single union principle, the hierarchical system, and payment of the union tax still exist. Pursuant to the single trade union principle, company-based unions are not allowed in Brazil, and the geographical area, where just one union exists, cannot be smaller than a municipality. Brazilian trade unions must comply with a hierarchical system composed of unions, federations(a group of unions), and confederations(a group of federations). It seeks for only one system representing all workers in the country.
The main purpose of this hierarchical system is a wider and more efficient protection of interests of groups and their workers within Brazil. However, the maintenance of the system, which is constitutionally guaranteed, is likely to produce unexpected problems in the interpretation of the extension of the freedom of association and organization principle reintroduced in Brazil.
This study is going to analyse the Brazilian union system and review the positive points and weak points in view of comparative labor law.