A possibilidade de garantia de emprego decorrente da dispensa discriminatória de portadores do vírus HIV ou de outras doenças graves que causem estigma ou preconceito: uma análise da súmula 443 do Tribunal Superior do Trabalho.

Abstract

The present study has as its theme the possibility of employment guarantee resulting from the discriminatory waiver of HIV virus or other serious diseases that give rise to stigma or prejudice: an analysis of the Supreme Court of Labor's summary 443. Since its creation in 2012, the 443 summary of the Labor Court has been generating intense debates and questioning by its content. The problem that the research seeks is to know if it is possible to employment guarantee as a result of the discriminatory waiver of HIV carriers or other serious diseases that cause stigma or prejudice, since it is not provided by law. The hypothesis defended is that it is possible, even without its legal prediction. Its purpose is to analyze the possibility of guaranteeing employment granted to workers who are victims of discriminatory layoffs because they are carriers of the HIV virus or other serious diseases that cause stigma or prejudice based on the opinion of the Superior Labor Court, summed up in its summary 443. In developing this study, we opted for the deductive approach method. As for nature, research is applied and as for the general objective, research is explanatory. Bibliographical-documentary research was also adopted as a technical procedure and with a direct and indirect treatment of the sources, based on the techniques of document collection and content analysis. After a doctrinal and jurisprudential analysis that deals with the subject, it is tried to prove that it is possible to have a guarantee of employment in cases of discriminatory waiver of people with HIV or other serious diseases that cause stigma or prejudice because it is totally in harmony with the constitutional principles.