Criminalização dos movimentos grevistas: o valor arbitrado na cominação da multa como instrumento incriminalizador dos movimentos grevistas

Abstract

This study aimed to analyze the arbitration of the value of the fine as an instrument to criminalize the strike movement. To do so, from the perspective of the mandatory action of the Unions during a strike, we carried out doctrinal research about the history, concept and goals of the strike and analysis of the different Courts’ positions about the increase of the fine in this institute. Relating them, we intend to demonstrate that the declaration of abuse of the right to strike, along with a high fine application in preliminary injunction, offends this right, prevents the action of the Unions, incriminates the strike movement, setting a highly detrimental obstacle to the organization of the working class in its claims and prevents them from defending their interests for better working conditions and, consequently, better life conditions. Thus, after refined analysis of the jurisprudence, in particular labor’s cases, we realized that it is necessary to standardize jurisprudence through the issue of a judicial precedent in line with the understanding of the Superior Courts, which have been deciding for the mitigation of the fine or for the statement of legality of the strike.