Direito de greve do servidor público civil

Abstract

It discusses the right to strike of the civil public employees. It presents some historical comments about strike, discoursing on its evolution since the ancient times until the contemporary history. It deals on the evolution of the right to strike across the ages, in the foreign legal systems and in the Brazilian legislation, both with respect to the public employees, and to the workers in general. It discusses the reach and the applicability of the constitutional rules, in the light of the constitutional hermeneutics and the theory of the human rights. It is discoursed on the limitations of the right to strike of the public employees, in view of the basic principles of the Public Administration. It is examined the decision of the STF to apply Law 7,783/89, for analogy, to the civil public employees, undertaking a reflection on the use of the writ of injunction as remedy to assure the exercise of not regulated constitutional laws.