The inter-american protection of the human right to freedom of union association: a comparative analysis of anti-union conduct in Brazil

Abstract

This paper aims to verify the low effectiveness in guaranteeing freedom of association by the logic of international human rights law. At first, it will be necessary to historicize the principle of indivisibility and its practical difficulty, mainly the discredit to those of the second dimension: Social Rights. The next topic, historical precedents of the Inter-American Court will be addressed in which they ratify freedom of association within the legal corpus of Human Rights, starting with the analysis of the case "Baena Ricardo et al versus Panamá". Lastly, Advisory Opinion nº 27/2021 of the Inter-American Court is correlated by stating that it is a positive obligation of the State to guarantee freedom of association. This study adopted the documentary and bibliographical review as a research technique, and also the hypothetical-deductive method on the following question: do repeated measures to restrict trade union freedom in Brazil violate article 8 of the San Salvador Protocol?