O direito fundamental á intimidade do trabalhador portador do vírus HIV e o direito de seu empregador ao conhecimento das doenças de seus subordinados

Abstract

The discussions around the limits of employer intervention in the personal lives of their employees is becoming increasingly an object of concern to researches of law, according as it broadens perceptions and awareness of the employees rights goes beyond the traditionally accepted in the sphere of employment relationship. At the hiring, when the employment relationship has not been established, begin the tensions concerning duties of the two poles of this relationship. This paper aims to examine, as of the proportionality theory proposed by Robert Alexy, the confrontation between the Law to privacy of the prospective or indeed employee, and on the other hand, the employer's right to information on the requirement to submit negative HIV test at the moment of admission or part of the control tools of periodic examinations of the company