UNION DEMOCRACY IN BRAZIL

REFLECTIONS ON THE EXTENSION AND LIMITS OF PARTICIPATION RIGHTS IN UNION LIFE

Authors

DOI:

https://doi.org/10.25192/issn.1982-0496.rdfd.v26i31878

Abstract

This article, by means of an applied theoretical methodological model, analyzes union democracy in Brazil and reflects on the extent and limits of pluralism, tolerance and the rights to participate in union life in order to bring to the interpreters' eyes the need to give prevalence of democratic values when they conflict with the rights of collective organizational freedom of association. Among the most relevant conclusions, we highlight the thesis according to which the horizontal effectiveness of fundamental rights brings the same democratic values demanded by the State to the relations between leaders and those in union life.

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Author Biographies

Luciano Dorea Martinez Carreiro, Universidade Federal da Bahia

LUCIANO MARTINEZ is a DOCTOR in Labor and Social Security Law at the University of São Paulo (USP),
MASTER in Private and Economic Law from the Federal University of Bahia (UFBA) and
MASTER in Social Law from the Universidad de Castilla-La Mancha (UCLM - title recognized by USP).
POST-DOCTOR in Labor Law by the Pontifical Catholic University of Rio Grande do Sul (PUCRS)
SPECIALIST in Procedural Law (Advisor J. J. Calmon de Passos - UNIFACS)
SPECIALIST in Constitutional Labor Law (Advisor José Augusto Rodrigues Pinto, UFBA) and
SPECIALIST in Social Security Law (Advisor Fábio Zambitte Ibrahim, JUSPODIVM)
He has been an Assistant Professor of Labor Law and Social Security at UFBA since 2010.
He has been a labor judge since 1995, holder of the 9th Labor Court of Salvador.
Holder of Chair 52 of the BRAZILIAN ACADEMY OF LABOR LAW since 2009.
Holder of Chair 26 of the BAHIA ACADEMY OF LEGAL LETTERS since 2013.
Invited professor in several undergraduate and graduate programs (PUCRS, PUCSP, UCS, USP, UERJ, UFRGS, UFG, UFPE, UNICAP, UFC, FDV UNEB, DAMÁSIO, CERS, CICLO-Sergipe, UNIC-Mato Grosso, UNIAnhanguera -Goiás, IMADEC-Maranhão, IMADEC-Pará, IMADEC-Piaui, IBEN, UNIGRAD, among others), in several Advocacy Schools (ESADs) and Judicial Schools in the country (ENAMAT and TRT Judicial Schools in Alagoas, Amazonas, Bahia, Ceará, Espírito Santo, Goiás, Maranhão, Mato Grosso do Sul, Paraíba, Pernambuco, Piauí, Rio Grande do Norte, Rio Grande do Sul, São Paulo and Sergipe).
He works in the areas of Fundamental Rights, Labor Law (individual and collective relations), Labor Process, Social Security Law and Conflict Mediation.
Columnist for the Jobs section of Jornal A Tarde since 2005.
Author of the books "Course on Labor Law", "Anti-union Conduct", "Labor Reform", "Pension Reform", all published by Saraiva publisher, and co-author of "Practical Guide to Social Security", published by JusPodivm publisher.
Coordinator and co-author of the Brazilian Dictionary of Labor Law, the Course on Labor Procedural Law and Comments on the 1988 Constitution in matters of social labor law, published by LTr.
Author of several legal articles.

Gilberto Sturmer, Pontifícia Universidade Católica do Rio Grande do Sul

Lawyer and Partner. Sectional Counselor of OAB / RS (2013/2015). Member of the Rio Grande do Sul Lawyers Institute (IARGS). Member of the Association of Corporate Labor Lawyers in Rio Grande do Sul (SATERGS). Holder of Chair nº 100 of the Brazilian Academy of Labor Law. Holder of Chair nº 4 and Founder of the Academia Sul do Rio-grandense de Direito Labor. President of the Rio Grande do Sul Academy of Labor Law (2018/2020). Bachelor of Law from the Pontifical Catholic University of Rio Grande do Sul (1989), Master of Law from the Pontifical Catholic University of Rio Grande do Sul (2000), Doctor of Labor Law from the Federal University of Santa Catarina (2005) and Post-Doctor in Law from the University of Sevilla (Spain) (2014). Coordinator of Postgraduate Courses - Specialization in Labor Law and Procedural Labor Law at the Law School of the Pontifical Catholic University of Rio Grande do Sul. Coordinator of the Public and Social Law Center at the Law School of the Pontifical Catholic University of Rio Grande do Sul. Titular Professor of Labor Law in Undergraduate and Graduate Courses (Specialization, Master and Doctorate) at the same School. Its main areas of expertise are the Individual Labor Law and the Collective Labor Law, and as the main line of research, the Efficacy and Effectiveness of the Constitution and Fundamental Rights in Labor Law.

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Published

22-12-2021

How to Cite

Dorea Martinez Carreiro, L., & Sturmer, G. (2021). UNION DEMOCRACY IN BRAZIL: REFLECTIONS ON THE EXTENSION AND LIMITS OF PARTICIPATION RIGHTS IN UNION LIFE. Revista Direitos Fundamentais & Democracia, 26(3), 241–265. https://doi.org/10.25192/issn.1982-0496.rdfd.v26i31878

Issue

Vol. 26 No. 3 (2021): Revista Direitos Fundamentais & Democracia

Section

Artigos

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Copyright (c) 2021 Luciano Dorea Martinez Carreiro, Gilberto Sturmer

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