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

Authors

  • Luiz Eduardo Gunther Centro Universitário Curitiba, Programa de Mestrado em Direito Empresarial e Cidadania. http://orcid.org/0000-0002-0458-1362
  • Marco Antônio César Villatore PUC, at UNINTER and at UFSC http://orcid.org/0000-0001-6365-6283
  • Augustus Bonner Cochran III Adeline A. Loridans Professor of Political Science at Agnes Scott College in Atlanta, Georgia, USA. He is author of Sexual Harassment and the Law: The Mechelle Vinson Case (University Press of Kansas, 2004) and Democracy Heading South: National. Politics in the Shadow of Dixie (University Press of Kansas, 2001). He received his. BA from Davidson College, MA from Indiana University, PhD from the University of North Carolina, all in political science, and holds a JD in law from Georgia State University. https://orcid.org/0000-0003-3302-4992

DOI:

https://doi.org/10.12662/2447-6641oj.v18i29.p318-336.2020

Keywords:

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

Abstract

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.

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Author Biographies

Luiz Eduardo Gunther, Centro Universitário Curitiba, Programa de Mestrado em Direito Empresarial e Cidadania.

Professor at “Centro Universitário Curitiba” – UNICURITIBA. Labor Appellate Judge at the Labor Appellate Court, Region n.9 – Pr; Post-Doctor from PUC-PR.; Member of the Brazilian Academy of Labor Law, of the “Instituto Histórico e Geográfico do Paraná” and of the “Centro de Letras do Paraná”.  Advisor of the Research Group which edits the “Revista Eletrônica do TRT9” (http://www.mflip.com.br/pub/escolajudicial/).

Marco Antônio César Villatore, PUC, at UNINTER and at UFSC

Professor at PUC, at UNINTER and at UFSC. Lawyer. Post-Doctor from UNIROMA II– Tor Vergata; Member of the Brazilian Academy of Labor Law and of the “Centro de Letras do Paraná”. Leader of the NEATES.

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Published

2020-11-27

How to Cite

GUNTHER, Luiz Eduardo; VILLATORE, Marco Antônio César; COCHRAN III, Augustus Bonner. WORKER´S REPRESENTATIVES IN COMPANIES AND THE BRAZILIAN CONSTITUTION OF 1988. Revista Opinião Jurídica (Fortaleza), Fortaleza, v. 18, n. 29, p. 318–336, 2020. DOI: 10.12662/2447-6641oj.v18i29.p318-336.2020. Disponível em: https://periodicos.unichristus.edu.br/opiniaojuridica/article/view/3614. Acesso em: 3 jul. 2024.

Issue

Vol. 18 No. 29 (2020)

Section

Artigos Originais

License

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