O Direito de greve no âmbito das guardas municipais do Brasil

Abstract

The objective of this work is based on the analysis of the possibility and implications of the strike exercise by the municipal guards, analyzing how these institutions are currently recognized in the juridical aspect to identify the particularities of these regarding the application of the law. A historical and conceptual survey of the striking movements was developed, the development that these phenomena, sometimes considered as a crime, sometimes as a right, have in the legal order, as well as the legislative omission on the subject, besides an analysis of the principle of continuity of the public service regarding the essential functions to the community were analyzed. The relationship between the State and its role in the fulfillment of public security was discussed, listing the historical development of its institutions to understand its current configurations, highlighting the establishment of the performance and competencies of the municipal guards, in order to observe the current legal framework and problems involved. The aim was to understand the relation of the right to strike and its exercise by public security organs, aiming to explore the jurisprudential understandings that establish its prohibition, to finally identify counterpoints of this forbiddance while the municipal guards are placed in a analogous role compared to other institutions, so as to reflect on the need for legal editing about the right to strike to consolidate the issue.