The discrimination against the transgender worker in Brazil: reflections based on a court case

Abstract

This paper presents reflections on discrimination against the transgender worker in Brazil, based on a case narrated in a lawsuit judged by the 17th Labor Court of Rio de Janeiro and by the Regional Labor Court of the 1st Region, in an ordinary appeal. The method used included normative and bibliographical research, seeking to carry out an analysis of the theme in the light of the mobilized theoretical and legal framework. Initially, a brief outline of the factual situation narrated in the judicial process is made. Next, some theoretical elements related to transgender are collected and the relationship between gender and work in Brazil is discussed from social and legal perspectives. In the normative scope, it points to the protection conferred by human rights to transgenders, including in labor relations. In the end, it is possible to conclude that the theme of the relationship between gender and labor relations in Brazil has achieved advances in recent decades. Intense academic production and cutting-edge judicial decisions seem to point to a society that is becoming increasingly egalitarian and inclusive. However, some reactionary movements show strong resistance to these advances, whose maintenance depends on a permanent battle in the political-social arena.