Liberdade e Autonomia Sindical em Xeque : atuação do Ministério Público do Trabalho em Pelotas

Abstract

Union freedom and autonomy, how it relates with the state and labor union contribution, call for the attention of labor unionism scholars. On the discussions connected to democratic issues it is important to analyze the limits to state intervention and the reactions to labor unionism. This dissertation seeks to analyze union freedom and autonomy under political/legal perspectives, in an objective manner, how the Prosecution Office for Labor, through the creation of the Union Freedom National Coordination, acts upon this relation in the city of Pelotas (RS, Brazil). Works related to the analysis of union reaction to interference from the Prosecution Office for Labor are scarce. This dissertation’s goal is to understand the relations on the quest for union freedom and autonomy in unions in Pelotas and the ways these unions react to the role played by the Prosecution Office for Labor regarding union taxes and assistance contribution. The hypothesis we start from is that the current action from the Prosecution Office for Labor harms the union freedom and autonomy, and that the unions’ fragile reaction is due to the weight of corporative heritage, which remains relatively stable, preventing unions from claiming true autonomy, although the Federal Constitution of 1988 predicts the free creation of unions without previous authorization or interference in its functioning. The methodology employed is qualitative, using documental analysis, such as the laws on union taxes, assistance contribution, union freedom and autonomy, minutes of meeting, legal and administrative actions, internal documents made available by the involved agents through electronic means and semi structured interviews with the involved agents.