O sindicato de trabalhadores e a convenção coletiva de consumo: estudo sobre a legitimidade do sindicato de categoria profissional para celebrar a convenção coletiva de consumo

Abstract

The year of 1990, the first of the last decade, is also the year of the Brazilian consumer, because in this year The Consumer s Defense Code was edited (Law 8.078/90). The Consumer s Defense Code (Law 8.078/90), among the innumerable contributions it brought to the national consumerist movement, we point out the Collective Consume Convention (article 107) that has made the regulation of the private consume relations possible. The Code s Title V disposes about the Collective Consume Convention, the legitimated for the consume agreement, the object, the enforcement field, and the juristic nature of the regulating instrument. Yet, it hasn t expressly referred to the professional trade-union as a legitimated one. Thus, the present dissertation intends to demonstrate that the legislator has opted for legitimating the union entity while a civil association. And, to demonstrate that the trade-union is legitimated, the present dissertation searches in the roots of the trade-union history the reasons that found the study here presented. We shall start the study alluding the Greek mythology in order to subsequently construct a historic drawing about the appearance of the trade-union associations. We elect for the study on the comparative law England, because it is the birthplace of the union liberty, and Italy because it was the paradigm of the Brazilian union model. We shall still study in the historic field the union organization in relation to all the Brazilian constitutions. We shall analyze at last the trade-union structure, The Collective Work Convention and the legitimated ones to celebrate this regulating instrument. We shall demonstrated, in conclusion, that the trade-union of professional category is legitimated for the process of negotiation in the consume relations and, consequently, to celebrate The Collective Consume Convention