Law and economics and labor law: an analysis of the Extraordinary Appeal 693.456 and the economic burden to the strike law to Brazilian civil servants

Piaza Merighi da Cunha

Keywords

Economics; Law and Economics; Efficiency; Utilitarianism; Strike; Civil Servants

Abstract

As an applied social science, the Law must always have as its basis of interpretation the social and historical elements, and cannot depart from it, otherwise it will not translate justice into its norms and decisions. However, there are theories that seek to interpret the Law by other mechanisms, such as Law and Economics, which analyzes Law under a strictly economic view. In this sense, it is highlighted the issue presented by the right to strike, whether of the worker in general, or, in a special view, of civil servants. So, when this right is analyzed from a purely economic point of view it leads to a significant setback, since it ignores the historical process which led to the legal protection of this form of claim and does not take into account the natural disparity of forces between those involved, embracing a false notion of equality. Thus, precedents are created to the relativization of other rights in the name of the economic supremacy.