Resumo

LUCERO PANTOJA, JAIRO ENRIQUE. Keys to the weakening of the real social function of the union. Approach to the barriers to the formation of branch/industry unions and the exercise of solidarity strikes in three Latin American labor models. Rev. Derecho [online]. 2023, n.59, pp.123-150.  Epub 30-Jan-2024. ISSN 0121-8697.  https://doi.org/10.14482/dere.59.299.605.

In this paper we will develop a comparative study of labor models that we will categorize as coherent, incoherent and mixed, based on their interpenetration with the postulates of the right to freedom of association derived from ILO Conventions 87 and 98, and the realization of two objects of analysis: the freedom of constitution, size and structural organization of the union and the union interaction based on the solidarity strike. For this purpose, a descriptive and explanatory research is carried out, using a dogmatic methodology -classical of the legal sciences- and the systematic, analytical and factual sub-methods. To this extent, we will conclude which are the main errors of the labor models in the search for the principles and ideals of unionization and some comments on the reasons why certain legal instruments that remain anchored in the nineteenth century survive, at a time when the recognition and protection of the collective subject of labor should be at its peak.

Palavras-chave : Freedom of association; sympathy strikes; branch/industry union.

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