THE REASONS AND EFFECTS OF DISCRIMINATION IN LABOR RELATIONS FROM A THEORY OF HUMAN RIGHTS
Abstract
Abstract
This article aims to present the relevance of the reasons and the effects of the conducts for the characterization of the discriminatory practice. The purpose is to discuss the importance of a legal instruments based on human rights definitions to face the issue. It is understood that the legal evolution culminated in the recognition of human rights, exactly as a counterpoint to the aseptic posture of positivist law. But is there a guarantee of the legal certainty including human labor rights, as the right to equality and non-discrimination? The purpose is to analyze, under the logic of the Brazilian legal system, the importance of a concept of human rights that can make possible a “jus-humanist security” approach, provided by the predictability of legal order based on respect for the human rights. The article is characterized as descriptive, with a qualitative approach and bibliographical research, and it aims to build some arguments for a discussion about a subject.
Key words: Discrimination. Labor relations. Human rights. Legal certainty.