Eficácia do direito constitucional de greve no serviço público

Abstract

This work will go to approach the subject of the "Effectiveness of the constitucionalist right of strike in the public service", analyzing the constitutionalist dispositive that confer this right to the workers of the private initiative and of the Public Administration. Based on what strike of the public servers says respect, the article 37, interpolated proposition VII, of the Federal Constitution, decrees that the same will have terms and limits settled for specific law, that until then was not elaborated. According to this legislative omission, some defend that the dispositive alone will be applicable when the specific law comes, because it will fix the real content of the right. However, for great parcel of the doctrine and the jurisprudence, the strike in the public service is perfectly applicable, exactly while a specific law doesn´t happen. In this interregnum, the defenders of this opinion affirm that the Law n° 7,783/89 can be applied, in that will be appropriate. Therefore, this work intends, over all, to inquire if the application of the constitucionalist law of strike of the public servers, despite of the inexistence of regulatory law, would harm the principles of continuity of the public service and of supremacy of the public interest, beyond other important formal warranties of title conferred by the it self Great Letter.