A dispensa discriminatória sob o enfoque da dignidade humana e do direito fundamental ao trabalho

• Autor(a) principal: Santos, Dione Almeida
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/33884
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Direitos fundamentais; Práticas discriminatórias; Ambiente de trabalho; Fundamental rights; Discriminatory practices; Desktop

The Federal Constitution of 1988 emphasizes that all are equal before the law, without distinction of any kind, guaranteeing to Brazilians and foreigners residing in the country the inviolability of the right to life, liberty, equality, security and men and women in their rights and obligations. In this vein, this work aims to show that there is and whenever possible discrimination occurs in the Work environment. Although there are manifestations that make Isonomy apology as the Fundamental Right and Guarantee of the Human Being, there will always be, however small the situation a discriminatory practice, because it is one of the most universal human practices. Where there are differences it is possible to observe dominant groups using very subjective criteria to discriminate and subjugate others. In the labor market, despite the efforts of many companies, it is also possible to find concrete data that point to discrimination against minorities. The International Labor Organization (ILO) itself adds that "any distinction, exclusion or preference based on race, color, sex, religion, political opinion, national origin or social origin, which has the effect of destroying or altering equality of opportunity or of treatment in matters of employment or occupation ". Such practices are expressly condemned and considered harmful to the construction of just and meritocratic labor relations. One of the challenges proposed in this paper is to try to answer or at least raise questions that may lead us to reflect whether the reintegration or indemnification of the employee who has been discriminated against has been effective in satisfying the right to work and has rescued the dignity of that worker. This study is based on doctrinal research, the Federal Constitution, the Consolidation of Labor Laws and the International Labor Organization Conventions. The research is guided by the primacy of the principle of the dignity of the human person and other principles of labor law