Collective bargaining in the public sector has certainparticularities due to the fact that one of the parties is the State. In effect,the State is limited in its bargaining capacity by virtue of the budgetapproved by the rules, which determinesthe margin for negotiation andexecution of agreements of the State. In this context, it must be questionedwhether the State will be responsible, when, for such particularities,agreements reached. Additionally, this paper will analyze if the Statecould be subject to pre-contractual liability for any behavior adoptedwithin the framework of the negotiation.