The effectiveness of constitutional social rights and the union freedom

The article presents an analysis of the current system of collective relations of work in Brazil, concerning the collective conflicts of work and their means of solution, by comparing it with the concept of union freedom, which was led by the International Labor Organization. According to the legal...

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Bibliographic Details
Main Author: Stürmer, Gilberto
Format: Article
Language:English
Published: 2009
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=4818611
Source:Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 30, Nº. 58, 2009, pags. 9-22
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Summary: The article presents an analysis of the current system of collective relations of work in Brazil, concerning the collective conflicts of work and their means of solution, by comparing it with the concept of union freedom, which was led by the International Labor Organization. According to the legal and sociological aspects of collective conflicts of work, it identifies a self-compositional way of solution that aims for a Collective Labor Convention or a Collective Agreement of Labor through the collective bargaining of labor procedure. Therefore, considering that the collective bargaining of labor has priority in a system of union freedom, the article does not deal with hetero-compositional (arbitration and jurisdiction) and self-defensive (strike and lockout) means of conflicts’ solution. Otherwise, it states the inexistence of union freedom in Brazil and proposes a legal solution for suchadoption.