Discriminação estética no ambiente de trabalho

Abstract

This study analyzes the modalities of aesthetic discrimination that most often occur in the workplace, associated to the worker's features and physical appearance. It approaches the fundamental rights of personality, the limits of employer power in employment relationships and the mechanisms that would remedy these discriminatory acts. Therefore, this investigation discusses the Principles of Human Dignity, Equality and Non-Discrimination in labor relations, as well as protection instruments to the fundamental rights of the worker's personality, such as the respect for their physical, mental, intellectual and moral integrity in order to prevent harms or threats to their intimacy, privacy, honor, name and image. The analysis also addresses specific concepts of aesthetics, beauty, the beautiful, unequal treatment, biased and discriminatory acts. Furthermore, it debates on the judicial protection that would fight against discrimination and the imposition of compensation to repair the damages caused. It also examined the means for production of evidence admitted in court and the practical difficulty of its implementation, considering the peculiarities of the issue. It can be noted that the fundamental rights of the worker's personality are largely protected in the Brazilian legal system, being guaranteed by the Constitution, international treaties and conventions as well as common laws. Those will impose limits on the directive power of the employer and provide penalties for discriminatory practices contrary to personality rights which may cause harm of any kind to the employee