The Legislative Process as a Safeguard of the Public Servant´S Right to Go on Strike

Abstract

The right to go on strike can only be realized after a specific national bill – such law has been denied for decades. Acknowledged the omission it should be remedied. The Supreme Court, nonetheless, declared the legislative gap but created, by analogy, rules and procedural issues, bestowing upon the remaining courts discretion to establish a stricter regime and erga omnes effect replacing the legislator. This work criticizes the right´s regulation through judicial rulings removed from the legislative process. The methodology utilized, supported by Estate´s functions separation and democratic process theories, consisted in exam of legislation, court rulings AND specialized literature.

Keywords

• Mandado de injunção
• Processo legislativo
• Greve
• Servidor público