Polícia militar e o direito fundamental a sindicalização

Abstract

The present work aims to study the military police institution and the prohibition of its members to have the right of unionization. In the academic and legal environment, the general understanding is that the National Constitutional Assembly of 1987-1988 opted to keep an institution based on dictatorial models, which is a contradiction to its proposes: on the one hand, to end the military dictatorship, on the other hand, to institute a democracy in the Brazilian State. This study reveals an inconsistency between the national and the international legal systems, based on the International Labor Organization (ILO) agreement adopted by Brazil, which regulates the unionization, i.e., the right to unionization of the national states institutions. This right is denied to the members of the military police, since they are subordinate to the Brazilian Army and structured in the same manner, thus militarizing them. This structure did not take into account the functional differences between these institutions; while the army protect the state and combat the enemies, as in cases of war, the military police protects the citizens and the society against crimes, assuring the tranquility and social harmony. How can the workers, who are responsible for ensuring citizens’ rights, do their activities without a fundamental right, which is to set trade unions that protect their own rights? This work is a bibliographical and documental research, in which a deductive method was used.