A negociação coletiva como regulamentadora do custeio sindical negocial – análise a partir da Teoria dos Grupos Sociais e da Teoria dos Grupos de Pressão – uma proposta metodológica translacional

Abstract

This work aims to develop a vision of collective labor negotiation as a regulator of trade union funding based on studies and concepts inherent to the Economic Analysis of Law, with an emphasis on two theories: the Theory of Social Groups and the Theory of Pressure Groups. Based on this main objective, it was diagnosed within the research that collective bargaining and union funding had relevant changes following Law No. 13,467, of July 13, 2017, titled labor reform. The changes brought about by the reform changed the Brazilian union system, which had as its three pillars of support union unity, compulsory representation and mandatory union contributions or also known as union taxes. The labor reform brought the end of the compulsory union tax which, combined with the jurisprudential interpretation of the prohibition of charging union contributions to non-unionized workers, caused financial suffocation of union entities, causing an imbalance in collective bargaining. Regarding collective bargaining, with the labor reform it began to have even greater importance with the possibility of what is negotiated prevailing over what is legislated, even when the collective norm is to remove or reduce rights provided for by law. The dissertation, in addition to delving into the points mentioned above, also takes a critical approach to the liberal ideology that formed a “liberal rationality” in citizens, which caused workers to conform and/or accept changes in labor legislation, even when this was harmful. for the working class. This approach is important for the work, because as a way of supporting the final proposal of the work, theories inherent to the Economic Analysis of Law were adopted, a concept that is routinely adopted by neoliberal legal aspects. In this way, the use and/or attempt to use the Economic Analysis of Law, sought, in addition to providing tools to face it, to study and create methods to make the counterpoint. To develop the dissertation, the theoretical/deductive method was adopted in the first three chapters, based on the analysis of doctrinal works and scientific articles published in specialized journals. The work started from the general to a particular issue by exploring the theoretical bases, the challenges underlying the adoption of this method, the aim was to offer an in-depth view of the topics covered so that the final proposal related to the translational method could be substantiated.