A proteção contra a dispensa discriminatória do trabalhador portador do vírus HIV

• Autor(a) principal: Maria, Leticia Mafioletti
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5860
• topic: Direito do Trabalho; Discriminação; HIV (Vírus); AIDS (Doença)

This monograph is a prerequisite for the conclusion of Law School and, consequently, the title of Bachelor of the University of the South of Santa Catarina - UNISUL, aiming to analyze if the dismissal of the worker with the HIV virus could be considered discriminatory, what consequences this can bring and whether it is possible to apply presumption. For that, the deductive method was used, considering that part of a general proposition for a specific conclusion; as for the approach, this is qualitative in nature, since it analyzes words, seeking, above all, their meanings. In addition, in relation to data collection, the bibliographic procedure was used making use of scholarly sources such as books, articles, and jurisprudence to achieve the desired response. Finally, the level of research is exploratory, providing a greater familiarity with the object of the study. From this present study, it was verified that discrimination against the HIV virus in the workplace does not only affect the physical integrity of the worker but also their moral and intellectual integrity, which can occur through the employer or even co-workers in the workplace. During the validity of the employment admission and after its termination. Therefore, it is concluded that, in cases where it is proved that, shortly after the knowledge by the employer of the disease of the HIV-positive employee, he or she is terminated without just cause, then the presumption of the practice of a discriminatory act is generated, having the employee right to reinstatement in employment or compensation for damages suffered.