The Right to Unionization and Strike in the Brazilian Public Sector

Abstract

This article examines the recognition and effectiveness of the right to unionization and strike in Brazil’s public sector, addressing the apparent tension between Labour Law and Administrative Law. After outlining the historical emergence of trade unionism and the specificity of public employment, it assesses the scope of ILO Conventions No. 151 and 154 and the persistent regulatory gap after the 1988 Constitution, particularly regarding statutory civil servants. The paper maps Brazil’s dual regimes (statutory and CLT-based), the specificities of trade union organization, and the frictions produced by union unity and territorial base when transposed to the public sphere. It discusses the Supreme Federal Court’s role in the supplementary application of Strike Law No. 7.783/1989 to civil servants and the limits set for public security forces, with emphasis on Theme 541. It concludes that the lack of specific legislation sustains legal uncertainty and a form of ‘practical tolerance’ of strikes, and identifies as necessary a democratic framework that reconciles collective autonomy with the continuity and quality of public services.