O enfraquecimento da organização coletiva e do sentimento de pertencimento de classe e a efetividade dos direitos humanos fundamentais dos trabalhadores

Abstract

This research aimed to analyze the effectiveness of workers' fundamental rights upon the collective organizations’ weakening in the face of workers being stripped of the feeling of class belonging, clashing with the collective struggles for recognition and workers' fundamental rights. The importance of the study is justified by several ways in which government branches (Executive, Judiciary, and Legislative) manifest themselves (laws, decrees, judicial decisions, provisional measures, etc.) to limit the performance of trade union entities, worker’s legitimate representatives. This results in workers' removal from trade union activities, stripping them of the feeling of class belonging, consequently weakening the collective representation and struggle for workers’ rights in a judicial and extrajudicial manner, which requires a study of this phenomenon within the Labor Law, due to the precarious effectiveness of workers’ fundamental rights. Dialectical materialism was the adopted method of analysis. The legal study is guided by the need for a representative collective action of the worker, guaranteeing the defense of rights, in which the strength of this representation relates to a class feeling and their sense of belonging. As for the research problem of the weakening of collective organization and the feeling of class belonging compromising the effectiveness of workers’ fundamental rights, the answer is yes. The need for representation, trade union freedom, and collective protection of workers is of paramount importance. Limitation and weakening of trade union entities and means of removal of the worker are not compatible, which the correct observance of the terms and precepts of the 1988 Constitution would be sufficient for trade union action and the search for the realization of fundamental labor rights