A responsabilidade civil por atos abusivos decorrentes do exercício do direito de greve: uma análise sob a ótica das fronteiras ao exercício da liberdade sindical e teoria das externalidades

Abstract

Civil liability for abusive acts resulting from the exercise of the right to strike is a complex issue that raises important questions about the limits of freedom of association and the balance between workers' rights and the protection of third parties. The strike, recognized as a constitutional right in Brazilian legislation, is a crucial instrument for workers to demand better working conditions and fair wages. However, its use must be balanced with the need to preserve public order and protect the interests of employers, consumers and society in general. Based on the theory of externalities developed by Arthur Pigou and Ronald Coase, this research proposes a reinterpretation of the right to strike, acknowledging that its exercise produces social costs and benefits beyond the labor sphere. The positive externalities, such as improvements in working conditions and social justice, should be regarded as legitimate social burdens, while the abusive negative externalities must be internalized through civil liability, guided by the principles of proportionality and constitutional solidarity. The exercise of the right to strike must comply with specific rules to avoid acts that could be considered abusive or illegal. When strikes result in material damage, economic losses, or even violence, the question of civil liability for the losses caused arises. This work seeks to examine the fine line between the legitimate exercise of the right to strike and acts that exceed legal limits, exploring the historical, legal and social aspects of the issue. The work addresses the historical evolution of civil liability and its applications in the context of labor law. It analyzes how guilt, intent and causality influence liability for abusive acts during strikes, in addition to examining the implications of excessive or improper use of this right. The research also highlights the State's civil liability in cases of abusive intervention during strikes, as well as the competence of the Labor Court to judge cases related to the abusive exercise of the right to strike.