Informe provisional - Informe núm. 217, Junio 1982

Caso núm. 958 (Brasil) - Fecha de presentación de la queja:: 18-ABR-80 - Cerrado

1. 514. The Committee already examined this case at its meetings in February, May and November 1991 when it submitted interim reports to the Governing Body. Since then, the Government has sent a communication dated 12 March 1982 and the Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAL) has sent a telegram dated 14 April 1982 concerning this case.
2. 515. Brazil has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 67); it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 516. The complaints in this case were lodged by the three: international trade union Confederations ICFTU, WCL and WFTU and by the National Labour Front of Brazil and the International Metalworkers' Federation and, more recently, by the CPUSTAL. The case relates to a strike called from 1 April to 12 May 1980 by the: Sao Paulo metalworkers in connection with a labour dispute. The strike was declared illegal and suppressed by the authorities. The trade union leaders were removed from office and replaced by civil servants. Moreover, some of them, including Luis Inacio da Silva, were arrested and sentenced under the National Security Act. The case was therefore examined by the Committee several times. Those examinations showed that the trade union leader Luis Inacio da Silva and other leaders had been sentenced to imprisonment for incitement to collective disobedience of the laws. They had immediately appealed against the court's decision and had been released pending the judgement on appeal.
2. 517. When the case was last examined in November 1981, the Government stated that the Higher Military Court had accepted the plea for annulment submitted by the convicted trade union leaders, had declared the trial null and void and had referred the proceedings back to the court which originally heard the case.
3. 518. In its interim conclusions the Committee recalled that the harmonious development of labour relations could be impaired as a result of the application of excessively severe sanctions to workers who participate in strikes, asked the Government to keep it informed of the outcome of the trial and requested it for a copy of the judgement handed down. It also asked the Government for its observations on the other allegations to which it had not yet replied (arbitrary dissolution of trade unions, physical assaults on workers at the union's headquarters on 18 April 1980 resulting in injuries to dozens of persons, the prohibition on the holding of meetings announced by the police on 21 April 1980, the arrest of the delegation of agricultural workers who were supporting the metalworkers' strike, and 1,507 dismissals said to have taken place two days after the strike).

B. Recent developments

1. 519. Since then, the Government has, in a reply dated 12 March 1982, stated that, at a second hearing, the Military Court of Sao Paulo handed down its judgement against Luis Inacio da Silva and others on 19 November 1981, again condemning the accused to the following prison sentences:
   • - Luis Inacio da Silva to three years and six months;
   • - Emilio Simoes de Moura to three years and six months;
   • - Djalma de Souza Bom to three years;
   • - Rubens Teodoro de Arruda to three years;
   • - Juracy Batista Magalhaes to three years;
   • - José Maria de Almeida to two years and six months;
   • - Manoel Anisio Gomez to two years and six months;
   • - Gilson Luis Correia de Menezes to two years and six months;
   • - Osma Santos Mendonça to two years;
   • - Nelson Campanholo to two years;
   • - Wagner Luis Alves to two years.
     • The trade unionists José Cicote and Timóteo da Silva were again acquitted for lack of evidence against them. The Government adds that the trade union leaders sentenced to imprisonment are at liberty since they have appealed against the sentences to a higher court.
   • 520. For its part, the CPUSTAL, in a telegram dated 14 April 1982, has denounced the infringements of trade union freedoms committed by the Government of Brazil, in particular the prison sentences inflicted on Luis Inacio da Silva and other trade union leaders for having exercised their legitimate rights.
2. 521. However, according to information received, it appears that a Brazilian Court of Appeal overturned the sentences, stating that the Military Court which had decided them was not competent to hear the matter.

C. The Committee's conclusions

1. 522. The Committee notes that, on two occasions, the leaders of the metalworkers' union have, under section 36 of Act No. 6620/78 respecting the security of the State, been condemned to heavy prison sentences for incitement to collective disobedience of the laws whereas in actual fact they had merely taken part in a workers', movement resulting in a peaceful strike in April-May 1980 to secure wage increases and job security for one year. The Committee also notes that the leaders concerned have appealed against the judgements, are at liberty, and that a Brazilian Court of Appeal has apparently overturned the judicial decision, stating that the Military Court which had decided the matter was not competent.
2. 523. The Committee further recalls that the consequences of the strike led the Government to intervene in trade union affairs and to remove trade union leaders from office and replace them by civil servants.
3. 524. Furthermore, according to the allegations before the Committee, physical assaults were perpetrated against the workers in front of their union's premises on 18 April 1980, agricultural workers who had come to support the metalworkers were arrested, and 1,507 persons were dismissed.
4. 525. As regards the prison sentences pronounced against 11 trade union leaders of the metallurgy sector of Sao Paulo, including Luis Inacio da Silva, for having taken part in a strike in April-May 1980, the Committee once again recalls that the right to strike is one of the essential means available to workers and their organisations for promoting and defending their occupational interests. The Committee requests the Government to confirm that all proceedings against Luis Inacio da Silva and the other trade union leaders have now concluded.
5. 526. As regards the other allegations to which the Government has not yet replied, the Committee again requests it for its observations concerning the dissolution of trade unions by administrative authority following the dispute, the physical assaults said to have been perpetrated against workers at their union's headquarters on 18 April 1980, and the dismissal of 1,507 strikers following the dispute.

The Committee's recommendations

1. 527. In these circumstances, the Committee recommends the Governing Body to approve this interim report, in particular the following conclusions:
   • (a) regarding the prison sentences pronounced by the Military Court at the second hearing against 11 trade union leaders of the metallurgy sector of Sao Paulo, including Luis Inacio da Silva, for having taken part in a peaceful strike declared illegal by the authorities, the Committee notes that the leaders concerned have appealed and are at liberty. As it has been informed that a Brazilian Court of Appeal has apparently overturned the judicial decision, stating that the Military Court which had decided it was not competent to hear the matter, the Committee requests the Government to confirm that all proceedings against Luis Inacio da Silva and the other trade union leaders have now been concluded.
   • (b) the Committee again requests the Government for information on the allegations to which it has not yet replied: arbitrary dissolution of trade unions, removal of trade union leaders from office and their replacement by civil servants, physical assaults on workers in front of their union's premises on 18 April resulting in injuries to dozens of persons, the prohibition on the holding of meetings announced by the police on 21 April, the arrest for several hours of the delegation of agricultural workers who were supporting the metalworkers' strike, and many dismissals - 1,507 according to the complainants - which were said to have taken place two days after the strike.