Inter-American Court of Human Rights and Trade Union Unicity

Abstract

The present article analyzes the normative strength that international human rights treaties assume in national legal order, and the need of compatibilization between trade union unicity present in Federal Constitution and the freedom of trade union association established in the Additional Protocol to the American Convention on Human Rights. To support this compatibility, the mechanism of jurisdictional control of the conventionality of laws has been studied, particularly the work of the Inter-American Court of Human Rights. The judge, when exercising jurisdictional control of the conventionality, must remove trade union unicity from article 8, II, of the Federal Constitution, declaring the rule invalid, and apply the freedom of trade union inserted in article 8 of the Additional Protocol, authorizing free creation and organization of trade union entities, as it constitutes the most beneficial norm for human being.