Definitive Report - Report No 337, June 2005

Case No 2294 (Brazil) - Complaint date: 25-AUG-03 - Closed

Allegations: The complainant organization alleges undue interference by the authorities in the election held to appoint new trade union leaders and non-observance of provisions of its statute

241. The Committee examined this case at its November 2004 meeting and submitted an interim report [see 335th Report, paras. 366-388].

1. 242. The Government sent its observations in a communication of 9 February 2005.
2. 243. Brazil has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), but has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

A. Previous examination of the case

1. 244. At its November 2004 meeting, having examined allegations of undue interference by the authorities in the election to appoint new officers of the Taubaté Metalworkers’ Union, which significantly affected the election results, the Committee made the following recommendations [see 335th Report, para. 388(a)]:
2. Noting that the decisions and measures taken by the judge of the First Instance during the election process in this case have been questioned before the judicial authorities and that the outcomes are pending, the Committee requests the Government to send it a copy of the rulings and expects that they will be handed down without delay.
3. B. The Government’s reply
4. 245. In its communication of 9 February 2005, the Government reports that the complainant organization formally recognized that the elections to renew the union’s executive board were conducted in a proper manner and applied for withdrawal of suit. The judicial authority decided to shelve the proceedings. A note to this effect from the complainant organization is attached to the Government’s reply.

C. The Committee’s conclusions

1. 246. The Committee observes that the complainant organization alleged that the authorities intervened in the executive board election, decisively affecting the results, and indicated that it had lodged judicial appeals in this respect. The Committee had requested the Government to send it a copy of the rulings.
2. 247. The Committee notes that, according to the Government, the complainant organization formally recognized that the elections to appoint new officials were conducted in a proper manner and applied to the courts to have the suits withdrawn, and that the judge decided to shelve the proceedings. In these circumstances, the Committee will not pursue its examination of the allegations.

The Committee's recommendations

1. 248. In the light of its foregoing conclusions, the Committee invites the Governing Body to decide that this case does not call for further examination.