A greve dos servidores públicos: a atual situação jurídica do instituto frente ao efeito concretista das decisões do STF em mandado de injunção e a aplicação da lei 7783/89 na regulamentação deste direito

Abstract

Although founding constitutional provision, the right to strike of public servants does not have full applicability, due to the lack of legal completion. So, this monograph focuses on the possibility of enforcement of this right through the writ of injunction (WJ). The Supreme Court, although initially have adopted the “not concrete theory”, limiting itself only to incur in delay the Legislative Power, in the collective judgments of the WJs 670, 708 and 712, has expressly adopted the “concretist theory”, determining the effectiveness of the right to strike within the public administration, through the application of the Law 7.783/89. Thus, the main provisions of this law were examined, seeking to make them compatible with the principles of Public Administration more directly related to the right to strike, in order to find how to apply this law to move the walls of public servants. It was also analyzed how this right is regulated at the international level, particularly within the International Labour Organisation. Finally, there was an evaluation of the Substitute Bill 4.491/91, which is pending in Congress, which, once approved with the corrections indicated in this study, will finally end more than two decades of omission by the Legislative Power.