WORKER´S REPRESENTATIVES IN COMPANIES AND THE BRAZILIAN CONSTITUTION OF 1988

Luiz Eduardo Gunther, Marco Antônio César Villatore, Augustus Bonner Cochran III

Resumo


Objective: The objective of the research is to analyze whether the representation of workers in companies can validate collective bargaining in the same way as unions? What is the role of this commission in Brazil?

Methodology: the methodology used is deductive, as for the means, the research was bibliographic, using doctrine, legislation, ILO Convention. As for the purposes, the research was qualitative.

Results: The article analyzes the need for a constructive and democratic interpretation to enable the representation of workers effectively in our country.

Contributions: The workers' representation institute received ILO treatment through Convention No. 135 and Recommendation No. 143, both from 1971. The 1988 Constitution dealt with the subject in art.11, but the practical implementation of this body did not occur. Only with the 2017 labor reform was the issue regulated, allowing its implementation in Brazilian companies. Thus, the contribution is towards presenting a solution to the phenomenon of worker representation, via constructive and democratic interpretation.


Palavras-chave


Workers; Representation; ILO; Constitution; Labor-law reform; Collective bargaining

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DOI: http://dx.doi.org/10.12662/2447-6641oj.v18i29.p318-336.2020

Direitos autorais 2020 Revista Opinião Jurídica (Fortaleza)

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