Women Lawyers’ Labor Law
the issue of legal equality in face of factual inequality
DOI:
https://doi.org/10.14393/RFADIR-50.2.2022.54324.304-332Keywords:
Women's work, Discrimination, Fundamental Rights, Material equalityAbstract
The imbalance between the effectiveness of the legal norm and the social reality, with regard to gender inequality in labor relations, especially for women, is a historical fact and of current debate. This context permeates, even, the practical experience of Brazilian women lawyers, who experience little labor isonomy. The aim of this research is, therefore, to discuss the labor reality of women, especially lawyers, in the Democratic Rule of Law, through the realization of the dignity of the human person, the social value of work and the promotion of the good of all, combining with the other international instruments that include this theme. The general objective of this study, then, is to investigate the factual inequality of this part of the professional category mentioned in the labor field, configuring as specific objectives the accomplishment of this investigation in the light of human rights and fundamental social rights established in the national and foreign legal system, as well as how to make reflections based on official data on this topic. Bibliographic research was chosen as the working method, with the compilation and review of material on the proposed subject. It can be seen, as a partial result of this analysis, that equal opportunities in the capitalist context are related to access to work or employment and fair remuneration; without this, the individual's dignified survival conditions are compromised. Thus, it appears that the realization of the human right to work with material equality for women lawyers is a major challenge in Brazil and requires greater involvement of the category to improve this situation.
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