Análise do sistema sindical brasileiro e a efetivação da representação por local de trabalho como instrumento de democratização das relações sindicais

Abstract

The rigth to representation by place of work is not exercised by the majority of brazilian workers. This fact, added to the low level of unionization rate, aggravates the representativeness vacuum that exists in companies, leaving the workers without recourse to the immediate problems experienced in the workplace. In addition, the union model adopted by the country makes it difficult to apply the right to representation in the workplace when it stimulates the monopoly of representation and distances the union from its bases. This study analyzes the problem of worker representation in the workplace with the aim of increasing the participation of workers in trade union issues. For this, it is tried to establish initially a relation between this problem and the syndical model adopted by the Constitution. Is the question of basic representation linked to the theme of organization by categories? Does union unity and union contribution hamper representation by the workplace? What aspects need to be modified in the Brazilian trade union system to guarantee the effectiveness of workers' representations? Next, it is based on international norms to find elements for the reasonable regulation of the institute of representation of workers in Brazilian companies. Norms emanating from conventions, declarations, decisions of collegiate bodies and recommendations are analyzed, guiding a situation of greater freedom for the flourishing of local organizations as well as of State protection duties to guarantee their functioning. Finally, the aspects related to the nature of representation by place of work, its relationship with the union, the guarantees that it must have and the functions that it has to serve as an instrument for the promotion of trade union democracy are investigated.