O direito de greve

• Autor(a) principal: Rossoni Junior, Raul Vicente
• Data de Publicação: 2014
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35620
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Direito de greve; Brasil; Abuso do direito; Right to strike; Brazil; Abuse of rights

The Magna Carta of 1988 assured the employee exercising the right to strike, leaving them to the discretion of the convenience of exercising it and the choice of the interests to be defended. Law No. 7,783, of June 28, 1989, in view of the constitutional provision, provided for the exercise of the right to strike, which defines the essential activities, regulating meet the pressing needs of the community and, among other measures, establishing what comes to the abuse of this right. The doctrine and the jurisprudence found limitations on the exercise of the right in question, based on the meaning and scope of three expressions included in the 1988 Constitution: "the abuses", "penalty of law" and "meeting the urgent needs of the community" . The strike, therefore, does not appear as an absolute right and must coexist in perfect balance and harmony with the other rights and guarantees contained in the Constitution. Interest striker worker should be weighed taking into account the existence of other interests, whether by others, either in society or even other categories, resulting in limits to the exercise of such right. However, conduct that would denature the strike movement, for being inadequate to the purposes and function thereof, shall be regarded as unfair, in order to be subjected to the rigors of the law, with due punishment of those responsible