Banca de QUALIFICAÇÃO: LUIZA FERNANDES DE ABRANTES BARBOSA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : LUIZA FERNANDES DE ABRANTES BARBOSA
DATE: 22/05/2023
TIME: 19:00
LOCAL: Ambiente virtual
TITLE:

ANALYSIS OF THE CONVENTIONALITY AND CONSTITUTIONALITY OF THE QUOTA POLICY FOR WOMEN AS AN APPROPRIATE MEASURE TO COMBAT GENDER DISCRIMINATION IN LABOR RELATIONS

KEY WORDS:

Gender discrimination; Material Equality; Quota policy; Conventionality control; Constitutional control.

PAGES: 109
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present dissertation has as its central theme the fight against gender discrimination in labor relations from the perspective of International Labor Law and its general objective is to answer the following problem: Is the policy of quotas for women in the labor market a legally valid measure to combat gender discrimination within the scope of International Labor Law and Brazilian Constitutional Law? The specific objectives are to discuss the protection system of International Labor Law in combating discrimination in labor relations; analyze gender discrimination in the labor market, the international and national experience of the quota policy for women in the labor market and examine the legal validity of the quota policy for women in the labor market in the light of conventionality and constitutionality controls. In order to fulfill these objectives, a research of a theoretical and practical nature was adopted as a methodology, using the technical procedure of bibliographical research of works by Flávia Piovesan, Yara Maria Pereira Gurgel, Luciane Cardoso Barzotto, Jorge Reis Novais, Álvaro Ricardo de Souza Cruz, Valério Mazzuoli, Thiago Oliveira Moreira and Renata Leal Conceição Belmonte, as well as works published in reference productions, such as the IIDH Magazine, Legislative Information Magazine, UFRJ Journal of International Law and Human Rights, EMERJ Magazine, dissertations and theses of doctorates, as well as publications by professors and colleagues in the program. With regard to the results, it was found that the policy of quotas for women in management/leadership positions is adequate to combat gender discrimination in labor relations, as well as being reasonable and proportionate to remedy a structural problem such as discrimination of gender. It should be added that the prediction of these minimum percentages is a legally valid measure insofar as it is in accordance with the constitutional and international protection of human dignity, the achievement of gender equality in its material aspect and the prohibition of discrimination based on gender. Finally, it is necessary to point out that the conventionality and constitutionality of such measures demand the analysis of the existence of a rational justification for their adoption, their ability to transform reality and the lack of less burdensome means that are able to combat gender discrimination in work relationships.

COMMITTEE MEMBERS:
Interna - 3229333 - ERICA VERICIA CANUTO DE OLIVEIRA VERAS
Interno - 2527208 - THIAGO OLIVEIRA MOREIRA
Presidente - 1657901 - YARA MARIA PEREIRA GURGEL