Aplicação da Convenção nº 111 da Organização Internacional do Trabalho na solução de casos de dispensa discriminatória de empregado motivada pelo câncer: uma análise da jurisprudência do Tribunal Superior do Trabalho no período de 2016-2021
Employees suffering from cancer, in view of the stigma associated with the disease, are subject to discrimination, even being fired without just cause, which gives rise to labor claims in which the discriminatory nature of dismissal is discussed. Considering that Convention No. 111 of the Internatio...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/45807 |
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| Resumo: | Employees suffering from cancer, in view of the stigma associated with the disease, are
subject to discrimination, even being fired without just cause, which gives rise to labor claims
in which the discriminatory nature of dismissal is discussed. Considering that Convention No.
111 of the International Labor Organization (ILO) is the main norm of international labor law
in combating discrimination in labor relations, its use by the Superior Labor Court (TST) in
the assessment and judgment of actions on dismissal without just cause of employees with
cancer is the object of this study. The normative content of human dignity was analyzed, from
the perspective of equal dignity (chapter 1) and its corollaries, the principles of equality and
non-discrimination (chapter 2), in addition to the structuring of the ILO, the procedure for
drafting the Conventions and specifically ILO Convention No. 111 (chapter 3), through
bibliographic research. Finally, TST decisions were analyzed that, in the period from
January/2016 to June/2021, mentioned ILO Convention No. 111 in the solution of actions on
discriminatory dismissal of employees with cancer, through the tool "Research of
Jurisprudence" ( new system), available on the TST website. Mentions to ILO Convention No.
111 were classified by qualitative criteria, into direct mentions (the international standard was
used as reasons for deciding) and indirect mentions (the international standard was included in
the appealed decision or in the citation of judicial precedents). Finally, adopting as a criterion
of relevance the existence of direct mention in decisions representing a percentage greater
than 50% of the sample, it was concluded that Convention No. 111 of the ILO was relevant,
being mentioned directly in 53.62% of the decisions examined, in addition to being implicitly
present in the decisions that invoked Precedent No. 443 of the TST, as this statement of
jurisprudence has, in almost half of its precedents, direct mention of the international treaty
under discussion. |
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