Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Brazil (Ratification: 1952)

The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU), of 10 August 2006, referring to the exclusion of collective bargaining in subcontracting enterprises; the imposition of court awards in collective bargaining at the request of a single party; the dismissal of trade union leaders in violation of their trade union immunity; the slowness of the judicial authorities; the formulation of blacklists; the murder of leaders of rural workers’ organizations and one trade unionist in the footwear sector. In this respect, the Committee requests the Government to provide its observations on the ICFTU’s allegations. In view of the seriousness of the acts of violence reported by the ICFTU, the Committee recalls that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed.

The Committee also requests the Government, in the context of the regular reporting cycle, to provide its observations for the Committee’s next session in November-December 2007 on all the issues relating to the legislation and the application of the Convention in practice raised in its previous observation in 2005 (see the 2005 observation, 76th Session).