A constituição como mito e a promessa da greve do servidor público no estado democrático de direito

Abstract

The present work has as objective to question the treatment given by the State to the right of strike of public servants, as seen in the decision of the Federal Supreme Court in Extraordinary Appeal of nº 693.456 / RJ, as a privileged example. Therefore, a critical analysis of the history of the right to strike is based on the tortuous path of the affirmation of the Social State in Brazil. To support the research, we present reflections of Walter Benjamin, worked by Jacques Derrida, on the limits that the power-state imposes on the right to strike, treating it as a destabilizing of the legal and abusive order. Thus, it relates the power of the State to institute and recognize the right to contestation by workers, but to use violence, by means of jurisdictional acts, to restrict said right and maintain the monopoly of its power. The present work does not have the main objective of reaching answers to the problem of the right of strike of the public servant, but rather to contribute to the reflection of the political acts that the State accomplishes to obstruct this right before the importance of the strike to the worker.