The union structure of State in Brazil and judicial control after the Constitution 1988

Abstract

Result of the doctoral thesis defended by Thiago Barison at the Faculty of Law of the University of São Paulo, we have this work, which inaugurates the new editorial line of LTr aimed at circulating recent critical production in the field of Law, in particular produced by USP. In this instigating Marxist critique of collective labor law, the author challenges the consecrated “Fla-Flu” prevailing in legal doctrine, with regard to the evaluation of the union structure and its interface with institutions and judicial apparatuses. Its declared objective is to constitute an axis of investigation that expands the limited analytical possibilities that oppose typically liberal thinking – for whom the problem of the union structure would translate into its legitimacy, from the point of view of individual will and freedom – and corporatist thinking, of an authoritarian tone, in view of which such a structure would appear as a “necessary evil”, as it aims to protect naturally disorganized workers. It is by moving on this ground that the author intends to provide a fair theoretical line for the fight for trade union freedom.