Greve dos Rodoviários de Fortaleza-CE em maio de 2008: análise da decisão liminar do Tribunal Regional do Trabalho da 7ª Região sobre o pedido de abusividade da greve

• Autor(a) principal: Ribeiro, Judá Ben-Hur Bernardo
• Data de Publicação: 2021
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/62977
• topic: Greve; Greve Atípica; Rodoviários; Dissídio Coletivo

The present study aims to carry out a critical analysis of the decision with a preliminary injunction, rendered on May 8, 2008, by the Regional Labor Court of the 7th Region in Collective Dissídio nº 02893/2008-000-07-00-5, instituted to declare the abusiveness of the strike movement of road transport workers in Fortaleza-CE, in 2008. The strike is the most sensitive of all the alternatives available to workers to demand better living conditions. Stopping activities to measure forces with employers, holders of economic power implies a great collective conflict that deserves attention from the Public Power. In Brazil, through the promulgation of the Federal Constitution of 1988, the exercise of strikes came to be considered a guaranteed fundamental right and, later, became regulated by Law 7.783/89. With that, for the exercise of the strike, the State started to demand that certain requirements be fulfilled. The choice of the analyzed strike was motivated by the curiosity of the author to understand it, as he met people who were involved in the conflict, as well as the fact that the first phase of the movement was closed by the Judiciary Power for being in disagreement with the legal criteria. Based on this curiosity, the present work was developed mainly adopting the inductive method, also using the historical method for the management of primary sources. Therefore, a bibliographic survey was carried out in Portuguese-language books that dealt with the legal aspects of the strike, as well as empirical research in the physical archives sector of the TRT of the 7th Region to access the entire content of the Collective Agreement analyzed. Telephone conversations were also held with two workers who participated in the movement to obtain more information about the analyzed strike. In possession of this information, it was concluded that the 2008 bus strike was characterized as atypical, organized outside the union representation of the category, without any normative provision, and, therefore, was not considered as having legal legitimacy. Finally, it is questioned whether the arguments adopted in the decision of the TRT of the 7th Region and supported by the Judiciary can determine that the collective force of workers is ended. Some of the arguments used to try to restrict the strike movement only by non-compliance with a formality without even trying to understand the motivations that gave rise to such irregularity. Keywords: Strike. Atypical Strike. Collective bargaining. Legitimacy. Road Workers.