UNION REPRESENTATION IN THE POST REFORM: THE END OF COMPULSORY CONTRIBUTION AND REFLECTIONS IN COLLECTIVE PERFORMANCE

Abstract

Law No. 13,467 / 2017 substantially changed the way in which labor law institutes were originally conceived. Among the changes implemented, the extinction of the mandatory nature of the union contribution represented one of the main changes, as it represents a direct rupture with the financing system reproduced since the Vargas Era. On the grounds of safeguarding freedom of association, the obligation to contribute was removed, including the requirement of express consent prior to payment. Thus, an adverse scenario arises in which the costing of union entities occurs only for a small portion of those represented, although the constitutional obligation to represent the entire category is maintained, regardless of affiliation, according to art. 8, item III of the Constitution. The present work seeks, therefore, to analyze the continuity of union action, studying, for that, historical, doctrinal and jurisprudential elements related to union representation and representativeness, as well as its influence in this new moment of Brazilian unionism.