A discriminação de gênero no mercado de trabalho e a desigualdade salarial: a atuação do judiciário trabalhista garantindo a não discriminação

Abstract

This study seeks to understand if the Labor Court, by recognizing the maxim of the constitutional principle of non-discrimination in the claims judgments on wage equalization, can be an important instrument to reduce wage inequality in a space idealized for man. Focusing on the historical construction of social relations and understanding that there is no consensus in the process of knowledge production, the approach will be based on qualitative bibliographical research through the exploratory technique of scientific research to analyze the concept of gender and inequality between men and women and how patriarchy influences inequality between men and women and consequently the sexual division of labor by encouraging wage inequality. The jurisprudential analysis addresses the application of principles such as the dignity of the human being, isonomy and non-discrimination, which as grounds of the Federative Republic of Brazil cover the decisions of the Labor Court in cases of request for salary equalization.