A nova morfologia do trabalho, as múltiplas modalidades de ação coletiva e a necessidade de reconstrução do direito de greve

Abstract

This research focuses on strikes, in their various manifestations, and on the right to strike. Its objective is to contribute to the construction of a new framework for the right to strike that is adequate to the new morphology of labor. The study is based on the premise that the transition from Fordist hegemony to the rise of flexible forms of production has produced profound transformations in the world of work. The working class, once centered on a relatively stable industrial proletariat, has given way to a new profile, predominantly located in the service sector and marked by flexible and precarious labor relations. In this context, new forms of collective mobilization have emerged, led by these workers, such as strikes without work stoppage, transnational strikes, political strikes, among other modalities of collective action. These forms of strike display characteristics that escape the traditional Fordist model of the right to strike, historically structured around work stoppage, strict legal requirements, purely professional demands, and the strong centrality of trade unions. It is from this mismatch between the contemporary reality of labor struggles and the prevailing legal configuration of the right to strike that the central question of this study arises: which guidelines should orient the reconstruction of the right to strike in light of the new morphology of labor? Although the Brazilian Federal Constitution, in Article 9, guarantees the right to strike through a relatively permissive wording, the exercise of this right is significantly constrained, especially by Law No. 7,783/1989 and by a restrictive body of judicial decisions. The Strike Law restricts the concept of strike to a classical form associated with Fordism, imposing requirements such as work stoppage, trade union participation, prior notice, and prior negotiation. In addition, judicial decisions not only reinforce these requirements but also introduce new restrictions, such as the prohibition of political strikes. The research adopts a hypothetical-deductive method, with a qualitative approach and an exploratory, explanatory, descriptive, and interpretative nature, based on bibliographic and documentary analysis. Grounded in a Marxist theoretical framework and critical theory, the study concludes that there is a need for a normative and interpretative reconstruction of the right to strike, either, in an ideal scenario, through the defense of a new right to strike free from the prerequisites imposed by the Strike Law, or through intermediate solutions based on flexible interpretations of existing legislation that allow for broader legal protection of contemporary forms of collective action.