O Direito de greve e a arbitrariedade no corte de ponto de servidores públicos no Brasil.

Abstract

In recent years, the right to strike has been exposed and frequently debated because of the recent Federal Supreme Court judgments, among which, the strike cut public server point. Judged as this has restricted the exercise and limited the scope of this constitutional right for public servants. It should also be added that this right is not yet specifically regulated for the category, which, by decision of the Supreme Court, is governed analogously by Law No. 7,783 / 1989, created essentially to discipline the strike in private enterprise. The non-regulation of the right to strike implies different legal interpretations, and often arbitrary, contradictory and harmful to the public agent. It should be noted that, since its prediction by the Federal Constitution of 1988, the right to strike has been narrowed and decharacterized by the act of judicialization, which has inspired more repression and less negotiation in the public sector. In this scenario, the search for the balance of conflicting interests arises, safeguarding the right of strike of the public servant, so that he can exercise it according to the provisions of the Magna Carta. Hence, the regulation of the right to strike in the public sector also means the beginning of the fight against arbitrariness in the decisions taken in this regard. Given this context, the general objective of this work is to analyze the effectiveness of the Strike Right for the public servant in the Brazilian legal system. And as specific objectives, this research identifies the legal, historical, social and labor relevance of the right to strike for the public servant, starting from the juridical concept and nature of the strike and considering the achievements obtained through it; The consequences of the last STF judgments regarding the strike by the public servant, such as abusiveness and illegality, are verified; And understand the implications of the right to strike in essential services, discussing a possible legal compatibility of both. For this, the method of deductive approach in the understanding of the institute of the strike and its legal and social effects towards the public servant and the society was used. As procedural methods, the evolutionary history was applied, once a right to strike approach was taken in all Brazilian constitutions, and the legal exegetical, based on the analysis and interpretation of the legislation applied to the right to strike, As well as the injunctions judged by the Supreme Court on the subject. As a research technique, the bibliographical-documentary was used, based on the reading and appreciation of the doctrine and articles of periodicals related to the subject in question. As a result of this research, one has the understanding of the relevance of the study of the right of strike for the public servant, since its exercise guarantees the scope of other labor rights not yet foreseen, being the measurement of point cut the first indication of extinction Of the strike, while the regularization of the exercise of this right is a viable alternative to prevent setbacks in this regard.