Abstract

ANZURES GURRIA, José Juan. The union democracy in the labor reform of november 30th, 2012. Cuest. Const. [online]. 2014, n.30, pp.25-57. ISSN 1405-9193.

In the recent labor reform of November 30th, 2012, one of the most debated issues in the Chamber of Deputies and in the Senate, was the union democracy, introduced in article 371, clause IX, of the Federal Labor Law when it was reformed. The concept of union democracy is surrounded by ambiguity, and this reform adopted a limited point of view of the concept due to the secret and direct or indirect election of the Union Directives. Therefore, this paper aims to provide some clarification of this concept, advocating for a broader conception that includes multiple definitions, and claiming that Unions observed in their internal structure a democratic regime due to the particularity of their legal nature and the importance of their roles in the consolidation and maintenance of a social and democratic rule of law.

Keywords : Union freedom; Union democracy; Social State; public function; public relevance.