O direito de greve

• Autor(a) principal: Schinzari, Vanessa
• Data de Publicação: 2013
• 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/36513
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Direito de Greve; Limitações; Prejuízos; Right to Strike; Limitations; Losses

The Federal Constitution guarantees the fundamental right to strike, workers must decide on whether to exercise it and on the interests to be defended thereby. Public servants can exercise the right to strike, pursuant to and within the limits specified by law, the Supreme Court has positioned itself in the sense of being watched Law No. 7.783/89 as to the limits of this, while not enacted specific legislation. The military stayed away from the right to organize and strike. Law No. 7.783/89 provided for the exercise of the right to strike, given the constitutional provision defining the essential activities and regulating meet the pressing needs of the community, defining also the abuse of rights by not fulfilling their requirements. The current law does not relate to the payment of strike days, nor on the timing of service during the strike. The limitations on the subject were found by doctrine and jurisprudence. The strike is a social right, consisting of suspension of work, whether subordinated or not, in order to obtain some benefit from economic, social or human. It is, in short, the right not to work and thereby cause harm to employers / policyholder services, and the services and activities essential to the community also. The subject spoken of is the one resulting from the work stoppage of normal and regular exercise the right to strike. That is not compensable injury and withstand the strike, because if not it will not cause injury to pressure the employer to negotiate claims resisted. On the other hand, the losses arising from the use of truculent strike, sabotage and other illegal means, can justify to civil liability, criminal and labor of their authors