SILVA JÚNIOR, F. P.; SILVA JÚNIOR, Francisco Paulino da.
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.
