A colisão de princípios na vedação do direito de greve aos militares

Abstract

This Course Conclusion Paper will aim to analyze the conflict between fundamental rights to the right to strike and its constitutional prohibition in relation to the military, seeking to ascertain the preponderance between constitutional principles such as the Supremacy of the Public Interest, Isonomy and Dignity of the Human Person. For that, it is necessary the individual analysis of the strike institutes, essential public services and the career and duties of the military. Considering that both rights are linked to the guarantee of the principle of the dignity of the human person, it is essential to reconcile the pillars of the continuity of the public service and the right to strike. Afterwards, the application of the principle of supremacy of the public interest to the detriment of Isonomy will be analyzed, as will the losses for the category that has misrepresented a fundamental constitutional right. Finally, an analysis will be made of decisions made by the Supreme Federal Court and repercussions of movements already observed in the scope of the search for rights by the military, in order to examine the solution found in the specific cases for the collision of fundamental rights under study. Understanding that a constitutional amendment is feasible, in order to eliminate the amendment that brings the prohibition of the right to strike and consequently the notable attack on therights of a category. [resumo fornecido pelo autor]