Banca de QUALIFICAÇÃO: TIAGO BATISTA DOS SANTOS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : TIAGO BATISTA DOS SANTOS
DATE: 12/11/2021
TIME: 09:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

APPLICATION OF ILO CONVENTION No. 111 IN THE SOLUTION OF CASES OF EMPLOYEE DISCRIMINATORY DISMISSAL MOTIVATED BY CANCER: AN ANALYSIS OF THE TST'S JURISPRUDENCE IN THE 2016-2021 PERIOD

KEY WORDS:

Cancer, Discrimination, ILO Convention No. 111, TST.

PAGES: 184
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Employees suffering from cancer, in view of the stigma associated with the disease, are subject to discrimination, even being fired without just cause, which gives rise to labor lawsuits in which the discriminatory nature of dismissal is discussed. Considering that ILO Convention No. 111 is the main norm of international labor law in combating discrimination in labor relations, its use by the TST in the assessment and judgment of actions for unfair dismissal of employees with cancer is the object of this study. The normative content of the dignity of the human person was analyzed, from the perspective of equal dignity (chapter 1) and its corollaries, the principles of equality and non-discrimination (chapter 2), in addition to the structuring of the ILO, the procedure for drafting the Conventions and specifically ILO Convention No. 111 (chapter 3), through bibliographic research. Finally, TST decisions were analyzed that, in the period from January/2016 to June/2021, mentioned ILO Convention No. 111 in the solution of actions on discriminatory dismissal of employees with cancer, through the tool "Jurisprudence Survey" (new system), available on the TST website. Mentions to ILO Convention No. 111 were classified by qualitative criteria, into direct mentions (the international convention was used as reasons for deciding) and indirect mentions (the international convention was included in the appealed decision, ultimately upheld, or in the citation of judicial precedents). Finally, it was concluded that ILO Convention No. 111 was relevant in the solution of the cases that are the object of study, being mentioned directly in 53.62% of the decisions examined, in addition to being implicitly present in the decisions that invoked Precedent No. 443 of the TST, as such statement of jurisprudence has, in almost half of its precedents, direct mention of the international treaty under discussion.

BANKING MEMBERS:
Interno - 2177963 - BENTO HERCULANO DUARTE NETO
Interno - 2527208 - THIAGO OLIVEIRA MOREIRA
Presidente - 1657901 - YARA MARIA PEREIRA GURGEL