Limits on the right to strike in Brazil after the constitution of 1988 / Limites ao direito de greve no Brasil após a constituição de 1988

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The aim of Limits on the right to strike in Brazil after the Constitution of 1988 is to study the history, concept and classification of striking, its participants and, in particular, its limits. Since it is a fundamental right, the limits on fundamental rights, the limits on the right to strike in general and the limits on the right to strike in foreign law are analyzed in order to approach the limits on the right to strike in Brazil. Striking is a social fact which affects the life of numerous people, besides those who are directly involved, especially the general public when it affects essential services. Although it is recognized as a fundamental right, the right to strike has to harmonize with several other fundamental rights, such as the right to life, to health, to safety and to property, as well as with labors right itself, for other workers my be affected during a strike. This need for harmonization justifies the limitation of the right, which may occur in several ways. These limitations can be constitutional, legal, judicial, objective and subjective, among other classifications. The doctrine points out the foundation of several existing limitations, allowing us to understand the limits which were adopted in Brazil, and the reason for that, especially the legal limits, since the right to strike is regulated by law. The conclusion indicates the limits which are well supported, as well as those which require a differentiated interpretation for the application of the right

ASSUNTO(S)

limites striking greves e lockouts -- leis e legislacao -- brasil limits direito do trabalho fundamental rights greve direito fundamental

ACESSO AO ARTIGO

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