O mandado de injunção no direito brasileiro e suas possíveis limitações em relação à proteção e tutela dos direitos frente à inércia do legislador : uma abordagem crítica a partir da greve do servidor público.

Abstract

The present monographic work intends to analyze and investigate the declaratory, orderly and enabler of the constitutional remedy injunction commanded, in view of the omission and necessity of constitutional enforcement, in the exercise of rights with the legal system Brazilian and doctrine about the institute. To this end, it will be sought to limit this research from the classic example of the use of the injunction commanded in the case of public servants, since after several decisions this right still suffers from the lack of the norm regulatory, creating insecurity in the exercise of the right by the servers. In this context, the problem to be faced is the abuse of inertia (conscious and voluntary) of the institution responsible for regulating the right to strike of the Public Administration. Having said that, if question: the existence of a favorable decision in the writ of injunction is sufficient to compensate the legislative inactivity, in relation to the lack of the regulatory norm, making possible the exercise the right in question?. To explain this task, the method used is the deductive and the methodology refers to the bibliographic survey, jurisprudence and legislative, gathering relevant and explanatory information to the subject in analysis, with a main legal focus but sometimes historical, political, Philosophical, among others. As far as research techniques are summarized in the bibliographical research in several sources, through the methodology of reading procedures, examination of jurisprudence and records. Finally, it can be initially affirm that there is a need for the drafting of law regulating the exercise of the social rights of the strike of the public servants, being effective the obligation of action of the legislature in order to achieve it, consecrating the rights of the State-administration without harming the public interest, thus being the correct and paramount measure. Thus, the importance of the writ injunction is to declare the need to regulate a law, in order to give predictability and legal certainty to those who seek to exert their prerogatives inherent in freedom, citizenship, sovereignty and nationality.