O sistema de custeio sindical depois da reforma trabalhista e os impactos nas entidades sindicais

• Ano de defesa: 2022
• Autor(a) principal: Martins, Vagner Patini
• Orientador(a): Fonseca, Francisco César Pinto da
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Ciências Sociais
• Departamento: Faculdade de Ciências Sociais
• País: Brasil
• Palavras-chave em Português: Sindicatos; Custeio sindical; Neoliberalismo; Crise da representatividade; Caso Português
• Palavras-chave em Inglês: Union; Union funding; Neoliberalism; Crisis of representation; Union funding in Portugal
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS
• Link de acesso: https://repositorio.pucsp.br/jspui/handle/handle/27242

This work sought to examine union funding, after the labor reform, analysing the possible impacts on union entities. With the recent labor reform (Law No. 13,467/2017) legal, social and economic changes took place in the structure of Brazilian society. Within these points, there was a decay in the mandatory union contribution, formerly called “union tax”, with tax characteristics. The present Master's dissertation intended to analyse not only the legal aspect, but the influence of neoliberal ideology in the decay of mandatory union dues. The neoliberal system influenced the public policies of the State and consequently attacks the Brazilian union system, through the revocation of the compulsory contribution, causing deleterious impacts on union entities. It was also intended to analyse the other union contributions: Confederative; Assistance and/or Business; and Monthly Fee. A comparison with union funding in Portugal was carried out in order to assess the similarities and possible ideas to be applied to Brazilian unions through voluntary contribution. The present research used documents analysis, legislation, ILO (International Labour Organization) conventions and several works in the legal area and mainly in the social sciences. Lastly, the reflections on the fundamental struggle that gave rise to labor law and trade union rights were analysed, that is, the clash between 'capital x work', seeking the reasons that led to the decay in the contribution and the other attacks on the rights of the union entities. As conclusion, we can highlight that the advance of neoliberalism is clear in Brazil, being particularly evident after the 2016 parliamentary coup, where its actions are directly applied in the public policies of the State. In this context, capital has been changing labor laws in several countries to reduce rights and to avoid punishments against its noncompliance (by employers), which implies that the unions review their way of acting to fight for the workers’ rights