Análise da aplicabilidade do princípio da isonomia salarial no quadro de servidores do judiciário gaúcho

Abstract

The principle of wage equality , due to the general principle of equality is fundamental principle in the Federal Constitution of Brazil . However , the Government has not observed the principle in the concrete case , editing laws that affect the Constitution in one of its structural pillars : equality . Moreover , the judiciary , whose primary function is the control of the constitutionality of laws , has restricted the application of the principle of wage equality with fulcrum in the high Court docket 339 . The summary was published in the 60s , in a completely different social , constitutional and hermeneutical context of the current . At the time of issue of precedent , the Separation of Powers was rigid , preventing the interference of an authority on the other . At present , the conception of the principle of Separation of Powers , based on the Checks and Balances system , expanded the role of the Judiciary. The theory of deliberative -democratic constitution put fundamental rights - among them the Equality - as condition of existence of democracy and no longer as the future design . The current conception of the principle of separation of powers and democratic deliberative theory legitimize the role of the judiciary in constitutional control , using instrumental principles of constitutional hermeneutics . Constitutionalism has fundamental relevance , implying any legal interpretation an interpretation the light of the principles and constitutional rules . In this context, this study examines the limits and the possibilities of applying the principle of wage equality under the gaucho judiciary employees. To this end, we conducted a study of the doctrine, analysis of case-finding of inconsistency with state law and the Federal Constitution against the opposing views presented on the lawsuit the union of the judiciary employees in the face of the State of Rio Grande do Sul. Thus it has been found the possibility of applying the principle of equality in the case presented.