SOUZA, F. M.; http://lattes.cnpq.br/8521382897023305; SOUZA, Fabrício de Mendonça.
Resumen:
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.