O Direito de greve do servidor público frente à omissão do Legislativo e consequente atuação da Suprema Corte

Abstract

Faced with the historic struggle of workers both nationally and internationally through the wall movement, it becomes important to enter into the study of this resource and recent constitutional right called a strike. In this sense, this paper aims to analyze the applicability of this right to public servants, as workers who are at the mercy, first of the lack of specific legislation that regulates the right to strike and second, of the decisions of the Federal Supreme Court that try to soften the chaos installed. The subject matter, besides being still the subject of debates in the national legal scenario due to the omission of the Legislative and consequent action of the Supreme Court, has an interdisciplinary character, since it involves the Constitutional Law, Labor Law and Administrative Law for its complete understanding. The methodology of the descriptive bibliographic type was used for the study from published references, analyzing them through a systematic and critical review in the search to describe, ponder and interpret the facts found. It was realized that the strike as a fundamental social right, must attend all civil civil servants, as an instrument of claim for better working conditions and salary, with the intention of promoting the best provision of services to citizens. In order to do so, it is necessary to act urgently by the Legislative Branch, which, in complying with its constitutionally mandated obligation, legislates on the right to strike and thus pacifies the agreements, in order to concretely guarantee the right to strike civil servants.