Greve política e TST: a permanência de uma visão restritiva

Abstract

The present study investigates the decisions of the Superior Labor Court issued between 1999 and February 2020 in collective strike agreements related to political strikes. The objective is to prove, based on the analysis of the decisions, the existence of a culture of restriction to the political strike in the referred judging body. The political strike is a legitimate instrument for the manifestation of workers in the face of public policies that directly impact their economic and professional reality, being guaranteed by 9º article of the Federal Constitution of 1988. The study of the jurisprudence of the highest court in the labor hierarchy allows us to transpose doctrinal studies to practice, as well as to analyze how the Judiciary applies the dictates of the Constitutional Charter. For this, we segmented the data used in two parts: pre and post labor reform, due to the importance of the Legislation nº 13.467/17, considering that it caused great impacts on labor rights, changes that led to several strikes of repudiation, that were considered political strikes. We utilized the quantitative methodology to outline the profile of the collective bargaining agreements analyzed and the qualitative methodology to analyze the arguments used by the Ministers in the judgment of the collective strike bargaining agreements. With this, we prove the existence of a culture of restriction to the political strike in the Superior Labor Court, which considers the political strike to be abusive even when guaranteed as a social right by CF / 88.