A garantia de emprego ao portador de HIV à luz do princípio da dignidade humana.

Abstract

The scientific work now proposed, has the scope to understand the socio-legal status of the worker carrier of the virus of AIDS in Brazil, examining the legal treatment given to its labor situation, especially with respect to the guarantee of employment. Thus, the method through multidisciplinary, analyzes is the picture history of the syndrome, looking for their ways of transmission, prevention, treatment and symptomatic characters, unbluffing the stereotypes about the disease and discussing their impacts on working relationships and caused, mostly , the bias of society to the condition of health of those infected. Through the study doctrinal and legal, scientific research explains, even on the legal protection to workers carriers of HIV, finding the Dignity of the Human Person, the most firm column of support of the entire legal system national and guarantees to individuals discriminated against, as the HIV positive, the right to a dignified life, with a view to the development of their potential. Analyze, too, the pending doctrinaire on the institute's stability and understanding of the courts on the presumption of discrimination in the dispensation unmotivated and without just cause of HIV positive employees and their reintegration in employment, revealing the importance of the role of the Judicial front of the omissions of the law, bringing the case to the Constitutional Principles, understanding the evolution of society and the need for the law, while science fair, monitor this progress and meet social expectations today.