La tutela sindical a la luz de la nueva doctrina de la Suprema Corte de Justicia de la Provincia de Buenos Aires

Abstract

In this paper we investigate the scope of the exclusion of union tutelage, taking into consideration the recent interpretations made by the Supreme Court of Justice of the Province of Buenos Aires. The objective of the paper is to analyze whether the current interpretation of the Supreme Court can be understood under key concepts and ideas stemming from collective labor law, both nationally and internationally, and that determine the topic here discussed. Thus, we start by briefly reviewing the institute of trade union protection and then we address the process of guardianship exclusion, linking this issue with the current case law of the highest local court. Finally, we conclude by stating that the Supreme Court’s interpretation takes important elements from international labor law and national constitutional law, in pursuit of the best defense of collective labor interests.