Adaptação razoável: a correção dos efeitos da discriminação indireta no ponto médio entre igualdade e reconhecimento

• Autor(a) principal: Lopes, Eduardo Lasmar Prado
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/9848
• topic: Reasonable accommodation; Accommodation; Substantive equality; Indirect discrimination; Recognition; Freedom of religion; Adaptação razoável; Acomodação; Igualdade substantiva; Discriminação indireta; Reconhecimento; Liberdade religiosa.; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This work is divided in four chapters. In the first, I will analyze the relation between equality and reasonable accommodation. The substantive equality is based on to pillars: the first is the exercise of equal liberties and rights; and the second is the recognition of people intrinsic value. In this way, they are subject to equal respect and consideration. These are the premises e the aims of accommodations. The reasonable accommodation is a right that arises to confront the adverse effects of indirect discrimination. It has the power to eliminate hierarchies and subordinations between vulnerable minorities groups and the rest of society. Finally, I will show the potential of reasonable accommodation to develop a better procedure to deliberation and democracy. In the second chapter, I aim to explore the connection between reasonable accommodation and relations of recognition. After analyzing the recognition philosophical premises e its place in Brazilian Constitution, I will demonstrate how reasonable adjusts and measures can act to promote self-respect, self-esteem and social esteem. In the third chapter, I will investigate the fundaments e the assumptions of reasonable accommodation. So, I will examine the constitutional antidiscrimination norms and the innovations of United Nations Convention on the Rights of Persons with Disabilities and the Statute for the Person with Disability related to discrimination and reasonable accommodation. Next, I will investigate the concept of reasonable . This analyzes will focus on Law and philosophy. The reasonable accommodation is a fundamental right. So, I will investigate its relationship with the proportionality principle and the undue hardship in the balancing with other rights and values. Thereafter, I will investigate who are the debtors of the duty to accommodate. This analyzes will be made in the lights of the relation between the State and its citizen. Besides, I will explore the situation of individuals that are subject to special subjection relationships. Related to the private relations, I aim to explore in which situations private people and legal entities has the duty to accommodate. In the end of the chapter, I search for a concept of reasonable accommodation that is compatible with the premises and de fundaments of this essay. In the fourth e last chapter, I will study some cases about accommodations to the exercise of freedom of religion. This part aims to relate reasonable accommodation, secularism and laicism by testing the concept of reasonable accommodation and its parameters