A não ratificação da Convenção nº 87 da Organização Internacional do Trabalho pelo Brasil e a liberdade sindical no direito comparado entre Brasil e Itália: existe verdadeiramente liberdade sindical nesses dois países?

Abstract

The objective of this work is to discuss about the non-ratification of Convention no. 87 of the International Labor Organization by Brazil and the union freedom in the Compared Law between Brazil and Italy. In order that Brazil can ratify this Convention no. 87, it is necessary that a labor remodeling be carried out and also an union remodeling. However, the crucial. point of the union freedom lays in the capability of these social actors to manage this freedom. The State is protectionist and the Federal Constitution of 1988 is contradicting when explaining articles fifth and eighth and its clauses; respectively, the entire freedom and the union freedom; however being registered in the competent agencies. There is the possibility of freedom; nevertheless, there is the impossibility of having more than one union for the same professional category in the same region. In view of this scenario, it is questioned: would the entire union freedom, object of Convention 87, be adequate for Brazil? Why countries that have adopted it are now undergoing a big economical crisis, including Italy, that is object of our comparison study and also Spain, Portugal and many other countries of Europe and of the world? Italy, that is one of these countries that ratified Convention no. 87, regulates its labor relations via the consensus among the unions that represent the workers and the organizations, because a labor judiciary does not exist there, as there is in Brazil. In Italy the labor proceedings filed in the judiciary are resolved by the civil judge. Part of the problems that aggravate the economical crisis are credited to the rigidity of the labor laws that impair the arbitrary dismissal and which such, they also make hires difficult. These factors force the organizations to emigrate from the country, thus generating unemployment and the reduction of the nation’s Gross Internal Product. Therefore, with this short article, I intend to analyze the positive and negative effects of Convention no. 87 upon the labor world. Thus, I leave here my proposition for appreciation by all lawyers, students and legislators.