Protection of Fundamental Rights in the public domain and the dissidence in the case-law unification:

Some highlights from the awaited change of criteria

Abstract

The paper deals with the design virtues of the action far the protection of fundamental rights, and among all, the circumstantial evidence, far the effictive warrant of such rights. lt does, however, by means of the story of the Supreme Court's denial to acknowledge the labour judge jurisdiction in arder to decide on this action referred to the public domain workers (whose change of criteria happened while these fines were written). The argumentation here established analyses the norms regulating the jurisdiction in the Labour Code at the public domain ftom the element subordinate work, with essential features and present in both domains, the accommodation of the protection action to be applied in public offices with particular emphasis in those that might be considered more complex and incompatible with such control and, finally, it explains how the action far the protection of fundamental rights, at the moment it is settled as an efficient warrant to such workers rights, offers simultaneously an effective instrument far control to the exercise of the power, whether it is public or private.