The principle of non-discrimination is a cornerstone of a democratic state governed by the rule of law, echoed both in the Brazilian constitutional framework and in the international commitments signed by Brazil. In the world of work, it manifests itself in various ways, such as: the prohibition of distinction between manual, technical, and intellectual work; the guarantee of equal pay for workers with equal responsibilities; and the guarantee of equal treatment for men and women.
The backdrop for this edition is the issue of equality between men and women. This theme was chosen because, despite the democratic and egalitarian advances promoted by the 1988 Federal Constitution and all the achievements achieved over the past decades by the feminist movement, a patriarchal social structure that discriminates against and oppresses women in various aspects of life, keeping them in a position of subordination and inferiority, still persists in Brazilian society.
Structural inequalities, the sexual division of labor, gender stereotypes, and violence permeate the very fabric of Brazilian society, impacting all spheres of human experience.
Labor relations, marked by the employer's directive power and, consequently, unequal, are fertile ground for gender discrimination. Indeed, even with the vast regulatory framework that addresses equality, countless cases of women facing discrimination and inequalities that affect their opportunities and working conditions still occur in the legal field.
Overcoming this state of affairs is no easy task.
It is in this context that a gender perspective in trials becomes essential to promoting justice and equality in the professional environment.
Judging from a gender perspective means considering the different realities and experiences of men and women in the workplace, taking into account issues such as unequal pay, sexual harassment, lack of hiring and/or promotion opportunities, maternity protection, and other challenges that particularly affect women. It is a critical and sensitive approach that seeks to correct inequalities and promote inclusion. Judging from a gender perspective implies engaging with the litigation, understanding the gender asymmetries underlying social and labor relations.
It is essential, therefore, that judges, as well as other legal practitioners, are aware of the importance of the gender perspective and are trained to apply it in their decisions. This highlights the importance of this edition, in which ANAMATRA reaffirms its commitment to the Democratic Rule of Law and the defense of Labor Law as a tool for civilization and the promotion of dignity.
Without claiming to exhaust such a vast subject, readers will find, throughout the magazine, profound reflections and concrete examples of the application of gender-sensitive judgment in the labor law field. Enjoy your reading!
Happy reading!
MONTH OF 2024.
The Editorial Board