Da discriminação de gênero e por orientação sexual nas relações de trabalho frente aos direitos fundamentais

Abstract

The discrimination is a way of segregate, devalue and lower people. In a deeper way, discrimination is directly related to prejudice, that are arbitrary and derogatory attitudes which violate individual rights. This study aims to discussing about certain discriminatory conducts in the employment relation. And when these behaviors are motivated by person gender or sexual orientation, the legal system can not tolerate that the individual is morally, physically or psychologically depreciated, where there is a work environment and the individual spends most part of his time, it is where he draws his sustenance and some people say it is where he is dignified. Such discriminatory conduct injures directly the Federal Constitution and its principle, as well as other laws of Brazilian labor. Besides Conventions of International Labor Organization. And in fact, discrimination is mainly about disrespect for the dignity of human person and the constitutional prohibition of discrimination, many other fundamental human rights. Seeking for possible solutions regarding such infractions, in which discrimination is already a faulty and illicit conduct, these facts occurring in conjunction with the employment relationship, there is a worsening of such conduct.