Negociação coletiva de trabalho com o estado: da teoria à prática.

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

18/03/2011

RESUMO

The Collective Bargaining Labour has two functions: it is a form of extrajudicial conflict resolution between employees and employers and also an autonomous mode of production rules recognized by the Brazilian Federal Constitution. However, the Constitution itself and the domestic legislation are silent on the exercise of this right by state servers. When this matter was put to judicial review, it was decided by the inability of public servants to conclude pacts of this kind on the basis of legality. Therefore, this paper aims, firstly, show that in the contemporary world, there is more room for state monism and demonstrate that both the formal law on the exercise of collective private autonomy can coexist harmoniously. Then we investigate the foundations of this negotiation, with its functions, features and a solution to the conflict, formally existing between legality and democracy. Nevertheless, it also examines the legal nature of relations between the State employer and servers to then explain the meaning and importance of the collective exercise of private autonomy, as well as presenting new interpretations of old dogmas, among them that the server is an organ of state and so cannot negotiate. In the end, it presents a framework, both theoretical and practical, the conclusion of a signed collective bargaining in public service. Theoretical because research shows its specific characteristics, objectives, meanings and boundaries. Since the practical part presents, in comparison with the doctrine of Spanish and Portuguese, a negotiating structure, procedures, timetables and, as an appendix, sets out a legislative proposalto regulate something that showed strong indications to be close to happening.

ASSUNTO(S)

public administration public servant administração pública servidor público negociação coletiva direito collective bargaining

ACESSO AO ARTIGO

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