SOBRE AS CONTRIBUIÇÕES SINDICAIS: UMA ANÁLISE CRÍTICA DAS DECISÕES DO SUPREMO TRIBUNAL FEDERAL NO JULGAMENTO DO ARE 1.018.459/PR (TEMA 935)

Abstract

Motivated by the Supreme Federal Court's (STF) change in understanding regarding the possibility of charging union contributions from non-affiliated individuals, provided that the right of opposition is safeguarded (ARE no. 1.018.459/PR - Theme 935), this work seeks, first and foremost, to understand what a union is, its essential elements, how unions originated, and how they developed in Brazil, situating them within the historical, political, and social context in which they were embedded. From there, it delves into several types of union contributions, also exploring their origins, respective legal natures, and the judicial and doctrinal positions regarding each of them. Subsequently, it aims to examine the reasons that may have led the STF to alter its stance, through a critical analysis of the political context in which each decision was made, the arguments supporting them, and their practical implications for current unions. Finally, brief reflections are offered on the current and future challenges faced by unions.