Informe definitivo - Informe núm. 292, Marzo 1994

Caso núm. 1720 (Brasil) - Fecha de presentación de la queja:: 02-JUN-93 - Cerrado

1. 27. The complaint in this case is contained in a communication from the Inter-State Federation of Trade Unions of Civilian Police Workers dated 2 June 1993. The Government sent its observations in a communication dated 29 November 1993.
2. 28. Brazil has not ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) but has ratified the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 29. The complainant organization alleges in its communication of 2 June 1993 that the President of the Trade Union of Civilian Police Officers of Mato Grosso del Sur, Mr. Eder Luiz Redó, was suspended from his post for 20 days for having sent a note to the local press in November 1991 criticizing the Assistant Secretary of Public Safety for decisions which had repercussions on working conditions in the civilian police force.
2. 30. The complainant adds that the President of the Trade Union of Civilian Police Officers of Mato Grosso del Sur was dismissed following administrative proceedings for denunciations which he made to the Legislative Assembly concerning working conditions in the police force.
3. 31. Finally, the complainant alleges that in violation of national legislation the Secretary of the Administration of the State of Mato Grosso decided to suspend the check-off of trade union dues.

B. The Government's reply

1. 32. In its communication of 29 November 1993, the Government states that disciplinary proceedings were taken against the police officer Mr. Eder Luiz Redó for his failure to fulfil his obligations under articles 103 and 104 of the Civilian Police Statute of the State of Mato Grosso, for offences committed through the communication media against the Assistant Secretary of Public Safety. The Government points out that the trade union status of Mr. Redó does not relieve him of his obligation to act as a police officer and to respect the principles of hierarchy and discipline.
2. 33. Administrative proceedings were taken against the police officer Mauricio Godoy, who as President of the Trade Union of Civilian Police Officers of Mato Grosso del Sur denounced offences allegedly committed by his superiors. If no sanctions were finally imposed on him, this was because the Secretary of Public Safety decided to pardon him.
3. 34. Finally, the Government states that the matter of the suspension of the check-off of trade union dues has been submitted to the judicial authorities.

C. The Committee's conclusions

1. 35. The Committee notes the complainant's allegations referring to sanctions against officials of the Trade Union of Police Officers of Mato Grosso del Sur and the suspension of the check-off of trade union dues. The Committee has also noted the observations of the Government in this respect.
2. 36. The Committee recalls that Brazil has ratified Convention No. 98 and that this Convention contains a provision respecting its application to the police force which reads as follows:
   • The extent to which the guarantee is provided for in this Convention shall apply to the armed forces and the police shall be determined by national law or regulations (Article 5, paragraph 1 of Convention No. 98).
3. 37. In pursuance of this text, there is no doubt that the International Labour Conference intended to allow each State to judge to what extent it is appropriate to grant members of the armed forces and the police the rights provided for by the Convention, that is, by implication, that States which have ratified the Convention are not obliged to grant these rights to those categories of workers (145th Report, Case No. 778 (France), para. 19).
4. 38. In these circumstances, since the Convention has left the matter for the appreciation of member States, the Committee recommends the Governing Body to decide that this case does not call for further examination.

The Committee's recommendations

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