A regulamentação do direito de greve no serviço público brasileiro na constituição federal de 1988

Abstract

Therese is an urgent need to regulate the Brazilian civil public server right to strike. Almost 25 years have passed and yet there has not been the regulation of the right to strike in the public initiative. Such omission adversely affects the public servers who find themselves injured and unable to exercise this constitutionalized fundamental right. Facing this circumstance there have been attempts, through constitutional remedy ijunction, to appeal to the judiciary in order that it may cause the Legislative Power to elaborate such legislation. This solution does not meet unanimity in the doctrine, not even in the Supreme Court, which for several times has changed its understanding according to the composition of the party. It is, therefore, questioned the effectiveness of the regulation: restrained or limeted. Fortunately the Supreme Court decided that, while in delay the Legislative Council, there shall be used the law destined to the workers of the private initiative, 7.783/89 law, with due adjustments, until it is decided to regulate this import right constitutionalized ensured, however, harmed by the delay of the Legislative authority.