O trabalho da mulher transexual e a discrimina????o de g??nero: o desafio da inclus??o sob o paradigma do direito ao trabalho digno

• Autor(a) principal: Monteiro, Ana Cl??udia Rodrigues Bandeira
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UCB
• Texto Completo: https://bdtd.ucb.br:8443/jspui/handle/tede/2703
• topic: Trabalho; Transexuais; Discrimina????o; Dignidade humana; Identidade de g??nero; Gender identity; Discrimination; Human dignity; Transsexuals; Job; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The present study deals with the discrimination of transsexual women in labor relations. From the basic concepts of sex, gender and gender identity, gender is identified as a factor of discrimination and the need to overcome the binary male / female model so that all are recognized as subjects of law, regardless of their gender identity. It appears that the theme gender is very associated with women and their discrimination, including at work, and that their concept originated and developed within the feminist movement. The discriminatory treatment and social exclusion to which transsexual women workers are subjected in Brazil are contextualized, based on information produced by entities representing the LGBTI population and court decisions by labor courts. From the theoretical point of view, human rights and fundamental rights are analyzed, with emphasis on the principles of human dignity and equality, including the examination of decisions of Superior Courts, that the constitutional discourse constructed from of the homeland legal system integrated by international norms, underpins the affirmation of the rights of transgender women. In order to implement the principles of equality and human dignity, affirmative action is required, as already observed in some public and private spheres. From this perspective, the Labour Prosecutor, an institution of constitutional stature, is identified as a relevant actor for the purpose of eliminating discrimination and promoting equality of transgender women in the world of work.