A negociação coletiva de trabalho no serviço público / Labor collective bargaining in the public service




This study focuses on the labor collective bargaining in the public service, affirming the necessity of this implementation in Brazil. The collective labor conflicts and the tough task to start a new democratic proactive approach about them are explained once the disagreements bring troubles to the public administration, to the staff and to all citizens. The unwillingness to launch a public service collective argaining is analyzed, in the native ground, as it comes from the judicial dogmatic belief that the public well fare supremacy and the abiding by the law rules do not go together with the democratic bargaining process. Up to date political discussing and the new changes brought by the Constitutional Amendment n. 45/2004 are also evaluated. The collective bargaining is analyzed as being a paramount labor right while the State role on supporting labor organizations and bargaining is studied observing the international current laws. The inner principles of bargaining negotiations are taken on board according to the national and foreign jurisprudencial approaches. The collective bargaining in the public service, the evolution of the laws and its implementations abroad, especially in Spain and Italy, are discussed while the Brazilian legal approach is exposed, even the way it deals with strikes. Examples of public service collective bargaining that were made true, according to the law, are stood out. It is shown that its implementation can go together with constitutional exigencies. Finally, the Permanent Collective Bargaining System, already implemented, and the common interest of the government, civil service workers, labor associations and civil services users are analyzed in order to achieve the awareness of citizenship by society as a whole.


serviço público greves labor collective bargaining public service direito internacional público conflito trabalhista negociação coletiva de trabalho

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