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- Title
STRIKE, LAW AND THE RIGHT TO STRIKE: BEFORE AND AFTER THE CONSTITUTION OF 1988.
- Authors
Gunther, Luiz Eduardo
- Abstract
At present, the legal nature of strikes is beyond any doubt a right in the democratic countries, as recognized by the International Labor Organization. However, such recognition has not always happened. Before the end of the 19th century, strike was considered an illicit, criminal or, the least, forbidden act. It was only by the middle of the 20th century that strike was consecrated as a workers' right, in the International Covenant on Economic, Social and Cultural Rights of the United Nations, 1966. From the constitutional point of view, our Federal Constitutions of 1824, 1891 and 1934 have not addressed the right to strike; in the Constitution of 1937, with the establishment of the "Estado Novo" (the Vargas Era), strike started to be seen as an offense and considered an anti-social and harmful resource to the Economy. The current Federal Constitution assured extensive exercise of the right to strike, established that the law should define the essential services or activities and prescribe on the fulfillment of the unavoidable needs of the community, and those who committed the abuses should be subjected to punishment established by Law. Nevertheless, its exercise is restricted and limited to provisions imposed by law, so as to protect other rights which are equally relevant to society. The participants of the strike that act in an abusive way are subjected to punishment and should take responsibility for their actions in the civil, criminal and labor spheres.
- Subjects
STRIKE &; lockout laws; INTERNATIONAL Labour Organisation; RIGHT to strike; EMPLOYEE rights; CORRUPTION in labor unions; LAW
- Publication
Revista Jurídica (0103-3506), 2017, Vol 2, Issue 47, p15
- ISSN
0103-3506
- Publication type
Article
- DOI
10.6084/m9.figshare.5183728