O direito fundamental ao trabalho do empregado portador do vírus HIV/AIDS.

Abstract

The scientific work developed herein is intended to examine the issue of HIV / AIDS in Brazil, addressing its evolution, forms of transmission, treatment of infection and seeking to demonstrate its consequences in the sphere of society. However, given the multidisciplinary method, we analyze the effects of the epidemic on social and labor harvest, but also the legal status of employees with HIV, with regard to the security in employment and the presence of law in his defense. The research also analyzes the positioning of the majority of the .labor courts and doctrine on the reinstatement to employment of the present HIV / AIDS and unfairly dismissed by biased and discriminatory conduct of the employer. And yet, concerns the possibility of granting moral damages in order to repair the embarrassment suffered by the worker was HIV positive. It further emphasizes the fundamental right to work guaranteed to all citizens, in full working capacity, including the present HIV / AIDS at an early stage of infection has the full working capacity and should not be dismissed arbitrarily by mere discrimination. And finally, there is also the role of the judiciary in upholding the labor employed HIV-positive, and the applicability of constitutional principles, such as the principle of human dignity, the principle of non-discrimination and equality before the law, compared the lack of a specific rule governing the situation of the infected worker.