Anti-union acts against union leaders: an analysis of the judiciary’s stance

Abstract

This manuscript aims to analyze the protection of labor union leaders against anti-union acts. The research adopts a deductive approach, starting from the legal protection system established by the Brazilian Constitution, International Labor Organization (ILO) conventions, and the Brazilian Consolidation of Labor Laws (CLT). It examines the relationship between anti-union acts and the guarantees afforded to class representatives to determine whether effective protection exists for union leaders against such acts. This will be achieved through a jurisprudential analysis of the effectiveness of the guarantees for union leaders in preliminary decisions at the first instance, focusing on the decisions of security writs filed against these decisions in the Regional Labor Court of the 4th Region during the period from 2021 to 2024. Finally, it is concluded that the judiciary serves as the primary instrument for combating anti-union acts, as a significant portion of the decisions were favorable to employees, thereby upholding the union immunities outlined in the Brazilian Constitution, precedents from the Superior Labor Court (TST), and the CLT. Furthermore, the increased transparency of union activities will contribute to better informing the behavior of class representatives, thereby reducing the prejudice they face.