The crisis of Brazilian union representation in the face of new forms of contracting: a constitutional and collective analysis of effectiveness ' fundamental rights

• DOI: https://doi.org/10.22533/at.ed.216572509055

• Palavras-chave: Trade unionism. Labor rights. Protection. Crisis of representation.

• Keywords: Trade unionism. Labor rights. Protection. Crisis of representation.

• Abstract:

  The aim of this article is to investigate the crisis of Brazilian trade union representation in the face of new forms of contracting. To this end, it discusses the crisis of trade unionism in Brazil from a historical perspective; it exposes the factors that contribute to the crisis of trade union representation; and it discusses the capacity of trade union bodies to represent and protect the rights of workers in atypical employment relationships. The methodology adopted was qualitative in nature, with the aim of understanding the legal, social and institutional aspects related to the crisis of Brazilian union representation in the face of new forms of contracting. Bibliographical research was the first methodological axis of the work and documentary research was the second, with the aim of examining the legislation and case law pertinent to the subject. It was seen that the current Brazilian trade union model, structured on the pillars of trade union uniqueness and representation by professional category, is no longer compatible with the complexity of the new forms of work and that the labour reform, by extinguishing the obligation to pay union dues, has further weakened the unions' capacity for action, without, however, offering mechanisms for modernization or alternatives for sustainable financing. It was concluded that overcoming this crisis of representativeness requires legislative changes and a reconfiguration of the social role of trade unions and their forms of organization. In order to guarantee the effectiveness of workers' fundamental rights, trade unions need to broaden their representation base, adopt a more comprehensive socio-labor approach and develop innovative strategies to connect with new categories of workers.