Brazilian Unions Research Articles

Environmental Legislation and Standardization for Installation and Use of Soil by Necropolises

The current legislation on necropolis areas is an indispensable instrument in the prevention of environmental impacts in the Brazilian territory. This manuscript performs a survey and analysis of environmental legislation and regulation of the installation and use of land by necropolisesinBrazil,withthemainobjectiveofidentifyingthelawsinforceintheBrazilian states that complement the federal regulations and its main points discussed for the management of these areas as a way of increase environmental safety. This study was carried out nationwide and in a tree system, considering the Brazilian union, states and capitals. The theoreticaldevelopmentofthisstudywascarriedoutthroughthesystematicanalysisofspecific legislationonthelicensinganduseoflandbynecropolises,identifyingregulationsadoptedby Brazilian states that complement CONAMA Nos. 335/2003 and 368/2006. Considering the results obtained in this research, it is possible to observe little development in the states in the elaboration and publication of regulations related to environmental licensing to increase environmental safety in necropolisareas.

Eficácia da representação sindical dos trabalhadores, inclusive como ferramenta essencial para o desenvolvimento socioeconômico

RESUMO: O autor revisita o papel do sindicalismo e suas funções (econômica, política, ética, negocial ou regulamentar, assistencial e de representação). Destaca fatos históricos, fundamentos teóricos e fenômenos contemporâneos aptos a influenciar uma potencial nova configuração dos sindicatos. Nessa missão, considerou a influência da constante alteração das estruturas sociais e econômicas que afetaram a configuração das relações profissionais, nomeadamente a união de países em blocos, a globalização das empresas, as deslocalizações da produção e o advento de novas tecnologias. Como consequência, o autor registra a queda na sindicalização e a desvalorização dos sindicatos. Do ponto de vista das relações governamentais, o modelo praticado na União Europeia revela que o Estado pode cumprir eficientemente seu papel ao contar com a colaboração de sindicatos efetivamente livres e integrados, por meio da concertação de políticas públicas. Além disso, a organização sindical sadia é imprescindível para auxiliar o governo (portanto, sem onerar o orçamento público) na fiscalização do espaço produtivo. Mediante a autonomia privada coletiva, sugere soluções específicas em negociação de regras trabalhistas internacionais, nacionais e locais. A reconstrução da estrutura sindical brasileira, de forma a aproveitar o grande potencial democrático dos sindicatos, é um desafio a superar. Ainda nessa perspectiva legislativa, o desenvolvimento socioeconômico sustentável pode ser considerado como decorrente do sucesso das empresas, da retribuição justa e da convivência pacífica com os empregados, cuja representação não pode ser meramente formal e sem voz. A investigação considera normas internacionais, inclusive dos ordenamentos jurídicos português e brasileiro. Optou o autor pela técnica acadêmica de revisão “ad hoc” de prestigiosa literatura, europeia, brasileira e uruguaia.
 PALAVRAS-CHAVE: sindicato; reforma trabalhista; negociação coletiva; concertação social; neocorporativismo.

Reflections on the organization of the Brazilian union in the age of the precariat

Abstract This study discusses the paradigmatic shift in the world of work triggered by globalization and the use of telematics and assesses the (in)adequacy of the Brazilian union model to represent the new class of precarious workers. We carried out an exploratory study using a systemic and deductive approach to review bibliographic sources and legislative texts. A perspective of redefinition of the union movement is proposed and we emphasize the importance of collective autonomy as an institute of Private Law for the reconstruction of pacts of collective organization against hegemonies.

Uma análise weberiana da gestação das estruturas de dominação em sindicatos

This paper presents the report of a survey that aimed to investigate the role of union leaders in gestation structures of domination in Brazilian unions adopting an interpretative Weberian analysis. Weberian concepts, such as domination, social relation and legitimacy were articulated to explain, in a qualitative approach, the internal social relations within trade unions. The exploratory analysis of 26 interviews conceded by trade union leaders allowed the identification of five groups of orders that constitute maxims and rules of action among the union leaders. This paper focuses on the documental analysis of 115 documents looking for evidence of the domination structures genesis. The documents revealed that these structures go back to the trade union training process, especially from the decade 1970s. The data analysis was structured in five groups of orders: ethics; political repression; ideology; mistrust between parts; and validity of laws. The study concluded by the pertinence of the adoption of the interpretative Weberian approach to explain the action of administrative staff (as in Weber, the influential individuals on the decision making process within the organization) related to the making and preservation of the structures of domination, confirming the Weberian theory.

The role of unions in intellectual, technological and physical education

The aims are to identify the role of unions in intellectual, technological and physical education of the workers and examine the main motivations of Brazilian union centrals for proposing educational initiatives, according to the existing literature on the subject. The central arguments point out that the intellectual education initiatives provided by unions should seek primarily to demonstrate the importance of dialogue in the educational process rather than merely transmit knowledge. The technological education initiatives may take the form of courses, workshops and lectures promoted by such entities, which could predominantly aim at raising workers’ awareness of the notion of “social technology”. The physical education initiatives – many focused on sports practices and body awareness – could predominantly move away from hygienist projects, get closer to the promotion of physical and mental well-being not to improve the workers’ performance in the workplace, but their quality of life outside the workplace, and achieve greater social integration. The authors conclude that, in fact, the most important union centrals in Brazil sought educational initiatives as ways of garnering workers’ support for projects that served the capitalist interests.

El Sindicalismo rural en Brasil y sus relaciones con El Estado

El Sindicalismo rural en Brasil y sus relaciones con El Estado Baltazar Macaíba de Sousa Abstract This article aims to deepen the analysis of rural unionism and its relations with the state. This is a reflection that seeks to update and critique theoretical studies on rural unions. The analysis consists of acquiring and systematizing knowledge about the union experience in the rural environment, highlighting the focus of rural unions and their relationship with state power. Given the need and urgency for theoretical contributions on rural unionism, this reflection is a continuation of earlier work on unions. The essay adds efforts to penetrate this problem, contributing to the understanding of fundamental aspects of the Brazilian union reality. The analysis highlights the period of the late 1970s with the strikes of ABC Paulista with the affiliation of the National Confederation of Agricultural Workers (CONTAG) in 1995 to Only Central of the Workers (CUT). The temporal choice in the analysis is justified by the fact that it is the first phase of the organization of rural unions of the Only Central of the Workers as opposed to National Confederation of Agricultural Workers unions. Full Text: PDF DOI: 10.15640/imjcr.v8n1a1

As bases sociais das novas centrais sindicais brasileiras

A presente resenha da obra As Bases Sociais das Novas Centrais Sindicais Brasileiras, elaborada em coautoria pelas pesquisadoras: Paula Marcelino, Andreia Galvão e Patrícia Vieira Trópia, objetiva apresentar a reorganização do sindicalismo brasileiro após a ascensão do Partido dos Trabalhadores ao governo federal. O contexto é marcado pela cisão da CUT em correntes dissidentes que formaram novas centrais sindicais, são elas, a CSP-Conlutas, a Intersindical, a CTB e a UGT. A pesquisa realizada pelas autoras permite traçar o perfil socioeconômico e político dos delegados. Por meio de surveys em congressos e plenárias, pode-se delinear as concepções políticos partidárias, as bandeiras de luta, o setor econômico predominante das centrais, entre outros aspectos.

Editorial: BRICS is challenging the global economic model, and unions see some potential in this

2 | International Union Rights | 24/4 EDITORIAL Editorial: BRICS is challenging the global economic model, and unions see some potential in this This edition of IUR looks at how the global BRICS group of countries was formed, looks at their priorities and activities, and asks how trade unions are engaging with the BRICS to promote reform. Bethuel Maserumule questions how trade unions in emerging economies should orientate themselves with respect to the dominance of States that in some cases have failed to ratify freedom of association. Chinese investment, he observes, ‘has been flooding South Africa with cheap manufacturing and agricultural products, resulting in massive job losses as factories close or scale down operations’, while Chinese MNCs ‘do not respect the workers right to freedom of association’. China labour specialist Katie Quan shares with IUR a recent article discussing efforts by sections of the US labour movement to reach out to and engage with the ACFTU. These efforts, Quan tells us, have ‘a troubled history’, have been ‘decidedly slow’, and left the Americans with a sense that ‘concepts of solidarity might be very different from those of the ACFTU, and that their goals for developing relationships and activities might not be exactly the same’. Quan’s analysis reveals the distance between the ACFTU and many Western unions and throw into relief the cooperation that exists within the BRICS Trade Union Forum, where Indian and Brazilian unions that were formerly part of the ICFTU, and the ITUC President, have sat alongside the ACFTU and trade unions from quite different traditions. Almost uniquely, within the BRICS Trade Union Forum, these unions all work together effectively in support of a progressive challenge to neo-liberalism. Challenging the dominance of the neo-liberal economic model, and of the dominance of American and European interests in international forums, has been one clearly successful outcome of the work of the BRICS group. But as BRICS becomes more established as a global political grouping, can the bloc sustain this challenge as the political character of its member States undergoes change? India joined BRICS under a Congress leadership, but now participates under the BJP. In Brazil the liberal right has gained power under a dubious process based around the impeachment of the left-wing President, rapidly implementing aggressive social spending and labour law reform. Ana Gomes writes that they constitute ‘one of the most regressive steps in Brazil’s contemporary history of labour regulation’. In this edition we are not exclusively concerned with the BRICS countries, and look also at developments in northern Europe. Eric Sjödin explains the latest Swedish labour law changes, which to an extent restore trade union power that was curtailed by the European Court of Justice in the infamous Laval case. Wolfgang Däubler describes how, following a political and legal battle, rights for independent unions received a new level of protection, having previously been largely subsumed under the rights of majority unions. Also in this edition, David Doorey reports on litigation attempted in Canada by victims of the catastrophic 2012 Rana Plaza collapse in Bangladesh. Sadly the outcome was discouraging, Doorey concluding that ‘the vacuousness of CSR seems not only to be confirmed by this decision, but to be promoted as a virtue worthy of legal protections’… Daniel Blackburn, Editor Next issue of IUR Articles between 850 and 1800 words should be sent by email (mail@ictur.org) and accompanied by a photograph and short biographical note of the author. Please send by 5 March 2018 if they are to be considered for publication in the next issue of IUR. Subscribe to IUR / Affiliate to ICTUR Subscriptions: Print only £25 (individual rate), Print and electronic £75 (individual or institutional), Electronic only £55 (individual or institutional). Affiliations: (includes print and electronic access, and more, see www.ictur.org) Individual £50, Branch / local union £75 (includes 3 subscriptions), National (contact ICTUR for details). Name/Organisation Address Email Payment on invoice / Payment enclosed For discounted rates please contact IUR’s Editor Daniel Blackburn on ictur@ictur.org. All subscription services are available via our website: www.ictur.org/affiliation.htm ...

The fallout from the 2017 labour reform in Brazil for the trade union movement

In 2017, Brazilian labour law underwent its first general reform in decades through the approval of the federal law No. 13.467/2017, that makes significant changes to the main aspects of individual and collective law. The reform changes more than one hundred articles from the Consolidação das Leis do Trabalho (Labour Code), creating new types of labour contracts – as for example the zero-hour contract – , restricting the role of the labour courts, and changing the relationship between legal norms and collective contracts. Labour law reforms can signal progressive change but as we argue below the new law is one of the most regressive steps in Brazil’s contemporary history of labour regulation. There has been great anxiety surrounding the labour reform, mostly because of the speed with which it was brought into effect. Historically, most pieces of comprehensive legislation spent several years in each house of Congress being discussed and debated; but in this case, in less than a year the entire package of significant changes was approved. It signals a tectonic shift from the longstanding principles of Brazilian labour law. Our objective is to examine the challenges the Brazilian union movement will face in response to the new regulations. Our analysis suggests that the labour movement would need to effectively reinvent itself to neutralise the changes made in the law. From mandatory to voluntary: changes in rules governing trade union dues Brazil’s peculiar corporatist structure prevents effective freedom of association in the terms of the ILO Convention 87. One main aspect of the Brazilian corporatist system was the mandatory trade union dues (contribuição sindical), required under law to be collected from employers and workers represented by trade unions1. Union dues are the main sources of trade union funding in the country. There are basically four types of trade union dues in the current system: the dues paid by individual workers who choose to associate with the trade union (CLT, Article 548, b); the trade union assistance contribution (based on a general provision in CLT Article 513); the confederation contribution (Article 8, IV, Federal Constitution); and the trade union dues imposed by law on all members of a category (CLT Articles 578 to 610). Among the four, only the last one, the CLT trade union dues, was mandatory on entire categories of workers or employers. The mandatory trade union dues was one of the oldest rules of Brazilian Labour Law as part of the corporatist system. The first rule to establish the dues was the Decree No. 19,770, 1931, that authorised trade unions to apply to the Ministry of Labour for ‘protective measures, aid, subsidies for their institutes of assistance and education ...’. The mandatory trade union dues was a major part of the constituency of trade unions’ resources, especially for unions with a small membership, which depend almost entirely on it. Collected once a year, the dues were compulsory for employed workers, unionised or not, self-employed professionals and for employers in the case of employers’ trade unions. The value of this contribution is equivalent to one day’s pay in the case of workers’ trade unions2. The new rules make the compulsory trade union dues voluntary, that is, workers have to formally and individually agree to pay the dues. According to the new CLT Article 578: ‘The contributions due to the unions by the participants of the economic or professional categories or of the liberal professions represented by those entities shall be paid, under the denomination of trade union contribution, collected and applied in the manner established in this Chapter, provided that prior and expressly authorised’. This change is likely to cause a serious decline in the dues on which trade unions rely for their economic survival. Workers would now have the option not to authorise the collection of these dues unless they believe that the union is working in their interest. In the past, unions have taken these financial resources for granted and did not worry about their performance in representing workers’ interests and rights. Employers’ unions, however, have been spared to a certain extent, since compulsory contributions administered by these unions for social service, training and professional qualification have been maintained and...

Confidence in Brazilian Unions

Although unions in Brazil are marginally effective in defining the employer-employee relationship, confidence in unions is high and exhibits a positive trend over time. A logistic regression model based on the Latinobarometer data series (1996–2009) empirically verifies that unions’ state embeddedness really does matter in explaining confidence in unions in Brazil (i.e., confidence in government, especially during the Lula presidency, has a significant positive effect). Moreover, people who have a negative perception of their personal economic situations and are less trustful of others are more inclined to have confidence in unions. Não obstante o efeito bem limitado e marginal dos sindicatos na determinação das relações entre o patrão e o empregado, se mantem alto a confiança nos sindiatos e essa confiança mostra uma tendência positiva no decorrer do tempo. Um modelo de regressão logística baseado no série de dados Latinobarómetro (1996–2009) verifica empiricalmente que a integração dos sindicatos no Estado importa para explicar essa confiança neles, dado que a confiança no governo, sobretudo durante a presidência do Lula, tem tido um efeito positivo. Além disso, as pessoas cuja percepção da sua situação econômica pessoal seja negativa e que tenha menos confiança nos outros inclinam mais para confiar nos sindicatos.

Olhar de dirigentes sindicais sobre qualidade de vida no trabalho e mal-estar no trabalho

O objeto do artigo consistiu em conhecer as percepções de dirigentes sindicais metalúrgicos e químicos sobre o tema Qualidade de Vida no Trabalho (QVT) e as fontes de mal-estar no trabalho nessas categorias profissionais. A natureza metodológica aplicada foi quantitativa e qualitativa com utilização do software Alceste. Participaram da pesquisa 81 dirigentes sindicais brasileiros (56 dirigentes químicos e 25 metalúrgicos), 85% do gênero masculino e 15% do gênero feminino oriundos das regiões sudeste, sul e nordeste do país, com aplicação do questionário via e-mail. Os resultados encontrados forneceram bases empíricas para a formulação de recomendações em Ergonomia da Atividade visando prevenir as fontes de mal-estar no trabalho. Foram reforçadas as bases teóricas da Abordagem de Ergonomia da Atividade Aplicada à Qualidade de Vida no Trabalho (EAA_QVT) e o desenho de subsídios para a formulação de políticas públicas neste campo.

In This Issue

In This Issue

<I>We Are Family!</I> Legal Recognition of Same-Sex Unions in Brazil

The processes that led to legal recognition of same-sex unions in Brazil and in the United States followed clearly different paths. Instead of pursuing legalization of same-sex marriage as a primary goal of their political agenda like their American counterparts, Brazilian gay and lesbian couples first sought access to the institutions that regulate domestic cohabitation. The early jurisprudential characterization of the family as an institution independent from marriage encouraged them to center litigation on the possibility of classifying same-sex couples as family entities. Gay and lesbian couples claimed in a series of lawsuits that they build a form of union that provides them with the same benefits that heterosexual individuals obtain from their relationships, a reason why the Brazilian legal system should not deny them equal legal treatment. Many courts acknowledged the validity of their claims in several decisions that gradually extended spousal rights to same-sex couples, a process that prepared the ground for the recent Supreme Court decision that legalized same-sex unions in the country. This article explains the development of the Brazilian same-sex union litigation and adjudication as a story about the convergence of two important jurisprudential developments: the long national tradition of giving legal protection to domestic cohabitants, and the emergence of a strand of decisions that understands equality as a constitutional principle that aims to eradicate structural forms of inequalities. By adopting an incremental approach to gay marriage litigation, Brazilian same-sex couples have achieved effective legal protection. The Brazilian case serves as an interesting point of comparison for same-sex marriage advocates elsewhere in the world, since this gradual approach tends to be dismissed as a litigation strategy that could deliver equal legal treatment.

Brazilian Trade Unions

Many analysts of Brazilian industrial relations share a determinist vision of the country’s trade unionism, according to which the unions maintain a paradoxical yet atavistic relationship with the heavy body of laws that provide them with advantages while limiting their freedom. We tested this vision by conducting field enquiries into the daily activities of two Brazilian unions: the ABC Metalworkers Union and the Seamstress Union for the Sao Paulo and Osasco Region. In this article, we present the results of our case studies and what they reveal about Brazilian trade unionism’s relationship with the labour legislation. We also briefly discuss former trade union leader and current President Lula’s recent attempts to reform the country’s labour relations system.

Public History and Militant Identities: Brazilian Unions and the Quest for Memory

AbstractThe aim of this paper is to analyze how Brazilian trade unions are using social memory as a tool to build up workers' collective identities, in an attempt to fight the fragmentation resulting from the impact of the industrial restructuring of the 1990s. We will draw upon two ongoing programs conducted by the ABC Metal Workers Union (SMABC) and the Oil Workers Union of Brazil's state oil company Petrobras (Sindipetro). The SMABC and Sindipetro have recently been addressing the issue of workers memory with social and public projects. These projects are building up memories, which in spite of being institution-based are also collective, framed by the unions through the use of new types of communication and electronic media.

Brazilian unions face globalisation: learning to negotiate in regional blocs and global networks

This paper discusses how Brazilians trade unions have been reacting to globalisation by analysing their participation in two different, though interrelated, initiatives. The first of these is the process of implementation of the Mercosul Southern Cone Common Market and the prominent role the unions played within it from its inception. The focus here is on how trade unions boosted the social agenda as a core issue in Mercosul's integration policy. The second initiative is the development of international company-based union networks which are now widespread in Brazil. What will be considered in both cases is the increasing importance of the actual practice of negotiation for the ongoing pattern of labour relations in Brazil, whether this is between state agencies and workers’ representatives, or between companies and their own workers. The paper points to the difficulties and opportunities for the union movement in each case.

Construindo a identidade sindical das enfermeiras no rio de janeiro (1978-1984)

O estudo tem como objeto o processo de politização das enfermeiras no Rio de Janeiro. O recorte temporal, estabelecido no período compreendido entre 1978 e 1984, atende ao propósito de abarcar as gestões das duas primeiras diretorias eleitas para o Sindicato dos Enfermeiros do Rio de Janeiro. Objetivos: analisar a trajetória do movimento sindical das enfermeiras do Rio de Janeiro, no bojo do movimento sindical brasileiro, no período 1978-1984 e contrastar as ações sindicais desenvolvidas pela primeira com as iniciativas da segunda diretoria do sindicato e discutir e as implicações dessas ações para os avanços da enfermagem como profissão da área da saúde. As fontes primárias foram documentos escritos e depoimentos orais de enfermeiras e enfermeiros, que participaram da gestão das duas diretorias do sindicato no período 1978-1984. Os dados evidenciaram que o sindicato, através de sua história, ocupou lugar de destaque na construção da identidade sindical/profissional das enfermeiras.

Brazilian union actions for workers' health protection

Many authors have emphasized the importance of worker strength through unionized organizations, in relation to the improvement of working procedures, and have reported on the decisiveness of labor movement actions in achieving modifications within the field of work and health. To describe the ways in which Brazilian unions have tried to intervene in health-illness and work processes, identifying the existence of commonality in union actions in this field. Qualitative study. Postgraduate Program, Environmental Health Department, Faculdade de Saúde Publica, Universidade de São Paulo, São Paulo, Brazil. Union health advisers and directors were interviewed. Documents relating to union action towards protecting workers' health were collected and analyzed. Unions articulate actions regarding workers' health of a technical and political nature that involve many aspects and high complexity. These have been divided into thematic categories for better analysis. Union actions regarding workers' health in Brazil are restricted to some unions, located mainly in the southern, southeastern and northeastern regions of the country. Nonetheless, the unions undertaking such actions represent many professions of great economic and political importance. The recent changes in health and safety at work regulations, recognition of professional diseases, creation of workers' health services and programs within the unified health system, and operational improvements in companies' specialized safety and occupational medicine services, all basically result from union action. There is commonality of union action in this field in its seeking of technical and political strengthening for all workers and their general and local representation. This has the objective of benefiting collective bargaining between employers and workers. Inter-institutional action on behalf of workers' rights guarantees and amplifies the improvement of health and working conditions.

Political Elites and the Delay in Stabilization

In order to add realism to the war of attrition model and explain high inflation experiences of countries such as Turkey, Argentina and Brazil, one needs to consider the crucial role played by political elites. In countries with weak institutions and social interest groups, it is rather difficult to prevent political elites from using government resources for their personal interests. Using the general strike channel repeatedly, powerful Argentinean and Brazilian labor unions were ultimately able to force political elites to bring budget deficits under control. In Turkey, however, unions lack the political and organizational power to force political elites towards finding a permanent solution to the high inflation problem.

Experiências e projetos de formação profissional entre trabalhadores brasileiros

Este artigo constitui uma tentativa de resgate e reconstrução das propostas e iniciativas de formação profissional promovidas por entidades dos movimentos sindical e popular, no Brasil. Iniciando com um breve resgate histórico tenta mostrar que as práticas de formação profissional não constituem uma novidade, fazendo parte da história dos trabalhadores e suas organizações. Na seqüência, apresenta um retrato das iniciativas desenvolvidas no âmbito das organizações populares e das entidades sindicais do eixo Rio/São Paulo, incluindo com destaque as concepções e os projetos do Conselho das Escolas de Trabalhadores e das Centrais Sindicais: CUT (Central Única dos Trabalhadores) e FS (Força Sindical). Finaliza com as formas de atuação articulada das Centrais Sindicais através de negociações coletivas e de sua participação nos fóruns institucionais de formulação e gestão das políticas públicas de educação profissional.