Abuso do direito sindical
AUTOR(ES)
Vitor Manoel Castan
DATA DE PUBLICAÇÃO
2007
RESUMO
The aim of the current study has been to characterize the abuse of right having as focus the Syndical Right. The abuse of the Syndical Right occurs when the syndicate keeps away from its objectives, functions and duties, exercising in an irregular way such prescriptions. The abuse of the right consists of irregular exercise of a subjective law. The Syndical Right can be noticed in its organizational dimension, in its action, mainly the negotial, in the conflicts of work and in its way of composition, being relevant the strikes, and in the non-syndical representation. In the syndical liberty can be observed the right of the people to organize themselves, that is, to establish the syndical entities and to adhere or not to them, while, the syndical autonomy has as its aim to keep the right of functioning of these organizations, that is, that they can act and deliberate regardless any interference, out of the state guardianship or any other movement. It is outstanding that the syndical liberty in its wide sense gathers the syndical autonomy itself. The syndicate abuses the right of establishment when it lacks representativity for it, when it elects number of directors superior to what is allowed by the law, when it does not observe the decision of the assembly, when it establishes (clauses) conditions of work, in the collective instruments, flexibilizing, mitigating and/or sending away unavailable rights, in the name of the collective private autonomy, susceptible of being considered null, when it disrespects the rules inflicted by the law of going on strike, when it practices economic activity aiming distributing profit, and when it is related to political-partisan actuation, being committed to an ideology. There are, yet, several abuses related to the anti-syndical practices, which are acts that aim to damage and interfere in the exercise of the syndical activity, whose agents can be the State, the employer, the syndicate and the syndical director employee himself. The institute of the abuse of right positivated in the Civil Code constitutes a strong instrument to coerce the abuse of the Syndical Right, even because the labor legislation is incipient in the reprehension of such practices
ASSUNTO(S)
exercício irregular do direito subjetivo práticas antisindicais abuso do direto sindical sindicatos -- leis e legislacao -- brasil abuse of the syndical right abuso de direitos -- brasil antisyndical practices irregular exercise of the subjective law direito
