A mudança do paradigma sindical diante da alteração legislativa trabalhista brasileira

Abstract

This study discusses about the possibility of changes in the trade union paradigm because of the Brazilian’s labor law change and about the probability of loss or withdrawal of some rights if no new representative and labor structuring is presented in the country. Therefore, there is a relevant public interest in this issue, with the aim of protecting fundamental rights earned by employees. It is essential to highlight the historical context of the emergence of trade unions and the details they faced in order to become the representative legal institution of employees.Thus is possible a real understanding of the subject and a more in-depth analysis about the changes that might occur in the role of trade union and representativeness of employees if Law Project number 6787/2016 is enacted and changes the Labor Laws Consolidation. It is important to construct the theoretical and legislative apparatus of Brazilian’s freedom of trade unions and its guiding principles, as well as their influence on labor practices and collective bargaining. Furthermore, discussing the principles advocated by the International Labor Organization and compare them with the positions set out in the Federal Constitution of 1988 helps to discern the differences that exist and must remain existing between the way representation is structured around the world. This work has as main objective to analyze the real justifications behind Law Project 6787/2016 and to glimpse some consequences directly related to it to the worker and his entire history of struggle in relation to his representativeness. For that, a bibliographical research was carried out through somedoctrinaires books, published scientific articles and news. Therefore, the work aimed at broad dissemination of the theme for society in order to alert about the changes that Law Project 6787/2016 wants to bring to the labor scope, without a real structuring to implement them in a way that can be guarantee the constitutional rights inherent to the dignity of the Brazilian worker.