Representação no modelo da unicidade sindical mitigada

Abstract

In this work we seek to confront the characteristics of union pluralism model, in which there is no limitation on the number of unions representing the same group of workers or employers, and union unity, in which the law only authorizes a single union to represent the same grouping, thus making it possible to structure an intermediary trade union representation model, which can be adopted in Brazil, without the need for a formal amendment to the Federal Constitution. The research was developed using mainly the bibliographic method, through which, based on the view of different authors, proposals were established for a new reading of the role of union entities. The work provides a reasoned position on the duties of the unions in view of the change in costing engendered in 2017, verifying the possibility of conferring a differentiated treatment in favor of affiliated employees at the expense of non-affiliated ones and of charging workers for the services provided, analyzing themselves yet what benefits could be instituted in the collective labor instrument excluding non-affiliated employees, without causing a violation of the principle of equality and non-discrimination. Then, the model called mitigated union unity is proposed, through the maintenance of a single union representing the same group of workers or employers, in the same territorial base, acting in favor of the entire category (art. 8, II of the Federal Constitution), but with the possibility of granting a more favorable differential treatment to affiliated employees, either with the institution of some benefits in the collective bargaining instrument only for affiliates, or by charging non-affiliated employees for the services provided to them in legal assistance and in legal and accounting advice on contract terminations.