Banca de DEFESA: IVANKA FRANCI DELGADO NOBRE

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : IVANKA FRANCI DELGADO NOBRE
DATE: 01/12/2021
TIME: 17:30
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

THE LGBTQIA+ CONDITION IN THE WORKPLACE AND THE PROTECTION PERSPECTIVE IN THE INTERNATIONAL AND CONSTITUTIONAL: BETWEEN NORMATIVITY AND THE SUBJECT'S SELF-PERCEPTION

KEY WORDS:

LGBTQIA+. Discrimination. Dignity of human person. Equality.

PAGES: 166
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The work investigates the challenges of insertion in the labor market of LGBTQIA+ people. The birth and development of a career is currently one of the great challenges of a person's insertion in the labor market. It is not rare for young people, even fulfilling all the requirements to occupy a given position, to find it difficult to enter the labor market. At all stages of an employment contract, from pre-employment to the post-contractual stage, workers are subjected to bureaucratic, organizational and also moral challenges and routines, so that these circumstances lead to situations of exclusion and marginalization of some categories of employees on discriminatory grounds, even though this practice is prohibited by the Federal Constitution. That said, it should be noted that if the company considers the personal conduct of a worker to be improper, it already unjustifiably dismisses him, which may even generate a stigma on the worker who pursues him during his career and prevents him from being on an equal footing with other professionals who have the same qualification. This does not mean that the employer does not have its directive power over the employee, however, this does not justify the employer creating discriminatory elements due to personal conduct not approved by the company, distinguishing, for example, from lower wages, unequal benefits, to prevent salary readjustments, postponed vacations, without a plausible reason. There are those who understand that the situations highlighted here reflect a form of structural violence resulting from a historical process of conduct sometimes confirmed by cultural elements, which ends up excluding and marginalizing certain groups of people, so that its members are in disadvantaged situations without an acceptable foundation which hinders the performance of a labor activity. Furthermore, this prejudice favors a hostile work environment, where the worker feels oppressed and for fear of reprisals, they adapt to unfounded demands or abusive conditions to preserve their job. It is known that various social groups are included in this scenario, such as: women, blacks, workers affected by some disease, however, this work aims to address discrimination in the labor market of the LGBTQIA+ group. For this, it is essential to analyze the international documents that deal with discrimination in the labor market. The objective of this work is to analyze, using descriptive methodology, the constitutional foundations of the principle of non-discrimination, in light of the principle of equality as well as the dignity of the human person; and its impact in favor of the worker, regarding the prohibition of discrimination in the labor market.

BANKING MEMBERS:
Presidente - 1657901 - YARA MARIA PEREIRA GURGEL
Interna - 3229333 - ERICA VERICIA CANUTO DE OLIVEIRA VERAS
Externo à Instituição - OLAVO HAMILTON AYRES FREIRE DE ANDRADE - UERN