The constitutionalization of the right to strike in Brazil

Abstract

Today recognized as a constitutional right, the strike was once considered merely a social fact and a crime. However, since 1946, the strike has achieved its constitutional status, which went through limitations and restrictions until the 1988 Constitution. This research aims to present the trajectory of the strike, from a social fact to a constitutionally guaranteed fundamental right. Bibliographic and legislative research was conducted regarding the provisions that regulated the strike, along with the presentation of historical contexts. Through the research, it was possible to identify that although the 1946 and 1964 Constitutions provided for the right to strike, their wording was limited and subject to more restrictive interpretations, unlike the current Constitution, which has a broader approach, guaranteeing workers the freedom to express themselves through strikes as a means to demand better working conditions and social rights. Thus, while the 1964 Constitution prohibited strikes for the public service and essential activities, the 1988 Constitution guarantees the right to strike for these services, determining the regulation of its exercise through infraconstitutional legislation.