A crise sistêmica da legitimidade sindical nas ações coletivas e elementos para o seu enfrentamento

Abstract

This thesis focuses on the problem of union representativeness in collective labor actions in Brazil. Based on the identification of elements that break the bonds of solidarity between unions and workers formed in the 20th century, the consequences of the crisis of union representativeness in collective labor lawsuits are observed, as well as premises that can be used to overcome it. The general aim of this study is to verify the causes of the crisis in union representativeness and the prospects for dealing with it. At this point, the specific objectives include: i) defining the theoretical frameworks that will guide the research and the problems faced by the legitimate parties in collective labor actions; ii) assessing how regulated citizenship was formed in the country, as well as the formation of the labor union structure and the impacts of recent changes in social and regulatory conditions on this structure, based on the Vargas period; iii) map procedural elements that justify the actions of unions on behalf of their members and that could provide solutions to the scenario pointed out, such as the institution of freedom of association, the recognition of the adequate representativeness of unions and employers, the analysis of the right being protected and who the represented parties are; iv) seek financial incentives that encourage unions to bring collective actions. The thesis uses the methodology of a bibliographical review based on the objectives outlined and under the theoretical frameworks of access to justice and access to the law.