Violação do direito à igualdade de oportunidades: discriminação indireta de gênero nas relações laborais e a atuação do Ministério Público do Trabalho

Abstract

The social values of labor and free enterprise are the foundations of the Federative Republic of Brazil. Decent work is constitutionally guaranteed human right, without any form of discrimination and able to provide life with dignity. This dignity which was raised to a guiding principle, the basic text Maximum 1988. However, discrimination in social, economic and political is as old as human history. She endures in time, in different areas, in different ways and also excludes or diminishes women in the labor market. Despite this have more years of education than men and have professional skills needed to perform the duties or function that aims remains sidelined, particularly in the private sector in its various segments, at all stages of the bond employment, from selection and recruitment even after the termination of the contract. A woman receives lower wages than men for the same work performed under the same conditions, have less opportunity to rise and career, and when the mass layoff, becomes a priority. On the other hand, never the legal framework, including the internal standards possessed so protective of women, public policy, backed by the phenomenon of constitutionalization of the principles of human dignity and non-discrimination. No embargoes, complaints, lawsuits, terms of conduct adjustment and statistical data show that gender discrimination still persists, pulsates in our society. Brazilian society can only be acclaimed egalitarian, justice, brotherhood, solidarity and free from bias as states in the preamble of the Charter Citizen of 1988, when we have no more people excluded from the labor market, due to all forms of discrimination, including gender ratio.