Conflitos coletivos de trabalho e a recepção da greve na educação pública pelo direito: estudo do caso-referência do Sindicato dos Servidores do Colégio Pedro II (SINDSCOPE)

Abstract

The object of this dissertation is to study the manifestations of conflicts in labour relations in the public education sector and their absorption by the law in the strikes of the Pedro II College Workers' Union (SINDSCOPE). It investigates the legal treatment given by the Judiciary to strikes in the public education sector. Based on the critical socio-legal method, it uses the strikes organised by SINDSCOPE as a reference case for analysis. Using pluralist conceptions as a theoretical reference, empirical research is carried out, with a survey of data, including an analysis of strike lawsuits and field records. It examines the main theoretical-argumentative disputes observed and the decisions made by the judging bodies. It was observed that the main disputes are around jurisdictional competence, the cutting off of striking workers' time and the confrontation between the fundamental rights to strike and to education. Among the findings of the research were the different decision-making patterns between the State and Federal Courts regarding restrictions on the exercise of the right to strike.