Reforma sindicial sob a ótica da oit: o efeito da convenção n° 87 na negociação e resolução de conflitos coletivos no Brasil

Abstract

This Undergraduate Thesis examines the extent to which the possible ratification by Brazil of Convention No. 87 of the International Labour Organization (ILO) could influence the role of trade unions in collective bargaining, the means of resolving collective labor disputes, and the reduction of anti-union practices. The analysis is based on the recognition that the Brazilian trade union model, historically marked by state intervention, trade union unity, and compulsory funding, produces structural effects that limit the full exercise of freedom of association. From a theoretical-legal and documentary approach, the study examines the national legal framework, related case law, and the international standards consolidated by the ILO through comparative research, as well as revisiting studies, reports, and authors that address freedom of association and mechanisms for repressing anti-union conduct. The methodology combines bibliographic analysis, comparative examination, and systematic interpretation of the applicable constitutional principles, especially those of freedom of association, collective autonomy, and the promotion of collective bargaining. The results show that the absence of ratification of Convention No. 87 does not prevent the Brazilian State from being held internationally accountable for the adoption of minimum protection standards, but it does reveal weaknesses in the system for protecting against anti-union acts, particularly regarding the effectiveness of accountability mechanisms and the organizational autonomy of trade union entities. It is concluded that the incorporation of Convention No. 87 could intensify the fight against anti-union practices, reinforce trade union pluralism, strengthen internal democracy within workers’ and employers’ organizations, and, consequently, improve the quality of collective bargaining and mechanisms for the resolution of collective labor disputes, thereby contributing to a more balanced, democratic labor environment in line with international labor protection standards.