Civil servants in all police bodies banned from striking in Brazil

In a floor meeting held Wednesday (Apr. 5), Brazil's Supreme Court voted 7-3 to ban all civil servants in public security from their right to stage a strike of any form, as their duties are believed to be essential to maintaining public order.

The ruling removes the right to strike from officers in the civil, federal, and highway police, as well as members of the Fire Department and other posts directly connected to public security. These positions, however, still have the right to affiliate with trade unions.

The decision, which has power over cases at all courts, was made as part of a case on an extraordinary appeal in the state Goiás, which questioned the legitimacy of a strike staged by civil police officers.

Prevalent was Justice Alexandre de Moraes's understanding, according to which the public interest in maintaining security and social peace must stand above the interests of certain job posts in public service. Moraes argues that the civil police are part of the government's armed branch, and therefore should not be allowed to strike.

“The State can't strike. A State on strike is an anarchic State, and that is not allowed by the Constitution,” Moraes stated.

Most members of the supreme court also found it unacceptable for a civil police officer no longer to bear a gun 24 hours a day—for his own safety and also for their duty to conduct arrests in flagrante delicto even when off duty.

The move bans pro-strike demonstrations in the civil police, since the Constitution forbids any meeting held by armed people. “A strike staged by armed individuals is not a strike,” said Supreme Court Chief Justice Gilmar Mendes.

Translated by Fabrício Ferreira