The Federal Supreme Court (STF) has already established that the end of the mandatory union dues, imposed by the latest labor reform (Law 13.467), is constitutional. Based on this understanding, Judge Amanda Diniz Oliveira, of the 24th Labor Court of Rio de Janeiro, did not grant the request of the Commercial Workers’ Union to compel a supermarket chain to pay union dues.
The judge stressed that the Superior Labor Court (TST) had already published its favorable opinion on the constitutionality of the changes brought about by the labor reform in the sections that address union dues.
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“However, in view of the great controversy and doctrinal divergences, the Direct Action of Unconstitutionality (ADI) 5794 was filed, the decision of which was handed down on June 29, 2018, declaring the constitutionality of the point of the labor reform that abolished the mandatory nature of union dues,” the judge stressed.
At the STF, the vote was 6 to 3 in favor of the constitutionality of the reform. The understanding of Justice Luiz Fux prevailed. Among the arguments presented by him — and by Justices Alexandre de Moraes, Luís Roberto Barroso, Gilmar Mendes, Marco Aurélio and Cármen Lúcia — is that it cannot be admitted that union dues be imposed on workers and employers when the Constitution determines that no one is obliged to join or remain affiliated with a union entity.
In addition, they agreed that the end of the mandatory nature of union dues does not offend the Constitution. “It is not possible to take capital to finance a union without the employee’s consent,” said Justice Fux.
Payment of union dues
The decision of the Federal Supreme Court that analyzed the end of mandatory union dues consolidated an important change in the Brazilian union model. By 6 votes to 3, on June 29, the justices upheld the rule established by the labor reform in November 2017.
Under the former CLT (Consolidation of Labor Laws), the dues were equivalent to one day’s wages, deducted annually from the employee’s income to maintain the union of the category.
Source: Consultor Jurídico magazine/ Fernando Martines
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