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(Dec 02, 2007) On October 25, 2007, the Brazilian Federal Supreme Court (STF) ruled that public servants have the right to go on strike, but imposed limitations on this right. Although foreseen by the Constitution of 1988, the issue has never been regulated by Congress with appropriate legislation. In its decision, STF declared Congress omissive because it did not deal with the situation for 19 years. Therefore, the Justices agreed that the same law that regulates the private sector, Law No. 7,783 of June 28, 1989, must be applied to the public sector.

The limitations on the right to go on strike imposed by Law No. 7,783 include, inter alia, that the organs responsible for essential services to the population must guarantee that at least 30% of the services continue to be operational during a strike. Before STF's ruling, strikes by public servants did not occur due to the lack of a specific regulation. Justice Eros Grau was quoted as saying that after the decision, all strikes involving public servants are now subject to the Law's limitations. (STF Limita Direito de Greve dos Servidores Públicos, O GLOBO (O)NLINE, Oct. 26, 2007.)

Author: Eduardo Soares More by this author
Topic: Officials and employees More on this topic
Jurisdiction: Brazil More about this jurisdiction

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Last updated: 12/02/2007