The Effect of ILO’s Declaration on Fundamental Principles and Rights at Work on the Evolution of Legal Policy in Brazil: An Analysis of Freedom of Association

Abstract

This dissertation analyzes the effects of the ILO’s 1998 Declaration on Fundamental Principles and Rights at Work, taking as a case study ILO’s promotion of freedom of association in Brazil. It suggests that the 1998 Declaration’s promotional approach offers mechanisms that have the capacity to change a country's behaviour. In the case of Brazil, this change would involve reform of a corporativist trade union law that violates the principle of freedom of association. The peculiarities of compliance with the freedom-of-association principle represent a significant challenge to the ILO, especially when a country lacks the political will to comply with the principle. This dissertation shows that the 1998 Declaration provides mechanisms − information, qualification of the bureaucracy and support of independent actors − that can be used in these situations even outside the scope of a cooperation program to reform the law and modify public policy.