Compensação orgânica

Abstract

The current study was developed aiming at analyzing "organic compensation" (“compensação orgânica”), an indemnification originated from the collective norm that has been paid to civilian pilots for over 35 years. This subject matter is of great juridical and economic importance that is consistently revisited by the Courts, which have adopted the correct understanding that the collective convention that originally instituted this indemnification must be considered valid. First, we will trace the historical aspects of the indemnification known as "organic compensation." We will then go on to explain the reasons why the collective clause that established organic compensation should be considered valid through an extensive analysis of the terms agreed upon, within both the constitutional and infraconstitutional legislation limitations, and by studying the recent decisions handed down by the Courts. Next, we will deal with the principles applicable to collective bargaining, which are of great importance on this matter as they serve as the guidelines for interpretation in the absence of specific legal devices on the topic. Then, we will analyze the social function of companies and the socioeconomic consequences of the invalidation of this collective norm, consequently convicting airlines for making use of this indemnification. Finally, we will conclude and summarize the reasons that justify the validation of the collective convention that instituted organic compensation