Servidores, sim; trabalhadores, não : os direitos dos servidores publicos federais reescritos pelo judiciario (1995-2002) / Servants, yes; not workers : federal civil servants rights rewritten by Supreme Court in Brazil (1995-2002)

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

In the thesis I discuss the characteristics and consequences of the increasingly request to Courts to decide questions regarding civil servants that could be solved by negotiation between Unions and the State (the so-called “judicialization”). I analyze the period of President’s Fernando Henrique Cardoso government (1995-2002) in Brazil, when we had a general flexibilization of labor rights, both in private and public sphere. Regarding civil servants we observe a strong refuse, both by the government and the Supreme Court (STF), in recognizing the Unions’ right to negotiate. The same happens with the right to go on strike, although it’s a Constitutional right. I show that, in spite of this refusal, there was a grown of the Civil servants Unions during that period, as well as the number of strikes. As the negotiated via was denied, the number of demands increased and important collective rights were decided by the Court. Finally I analyze the Union representative of the Professors of Public Institutions in Brasil (ANDES-SN), a very strong and active association, and demonstrate how the impact of Judicialization is negative to the Union and the servants.

ASSUNTO(S)

civil servants supreme brazil federal court sindicalismo public worker syndicalism judiciary servidores publicos poder judiciario

ACESSO AO ARTIGO

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