Aplicação subsidiária da lei de greve do setor privado no âmbito do serviço público

Abstract

The present work analyzes the recent decisions of the Supreme Federal Court concerning the civil public servant right to strike. The exercise of this right was enabled by the Court with the publication of supplementary rules based in the 1989, Bill nº 7,783, that regulates strike for private companies, until there is a specific bill edited by the National Congress. The public servant right to strike is presented from a historical analysis, culminating with the lines defined by the Federal Constitution of 1988. It describes the evolution of the Writ of Injunction in the Brazilian juridical system as an important tool to make the constitutional text work effectively. The right of strike limits and conditions for the public server, as well as the competence for ruling about this matter, are considered according with what was proposed by the Supreme Federal Court.