THE RIGHT TO HAVE RIGHTS: THE PROTECTION OF HIV WORKERS

Résumé

ABSTRACT

The democratic rule of law fights sexual discrimination, and the legislature has not remained inert on this matter over the years.  The problem, however, resides in the cause and not in the consequence; that is, the solution lies not in creating rights for people with HIV, but through guaranteeing that HIV-positive people have the right to exercise their rights if exposed the illness as a basis in constitutional principles of equality and liberty in a society that can be characterized as open and pluralistic.

Legal protection of HIV-positive employees, especially against discrimination, will be fully analyzed to consider protections against unjust discharges by prejudiced employers, abuse by disrepectful coworkers, and other measures necessary to secure a healthy and harmonious work environment, including reinstatement in case of discriminatory discharge as mandated by Law No. 9.029/95.

KEYWORDS: HIV Positive; constitutional protection; discrimination.

RESUMO

The democratic rule of law fights sexual discrimination, and the legislature has not remained inert on this matter over the years. The problem, however, resides in the cause and not in the consequence; That is, the solution lies not in creating rights for people with HIV, but through guaranteeing that HIV-positive people have the right to exercise their rights if exposed to the illness as a basis in constitutional principles of equality and liberty in a society that can be Characterized as open and pluralistic. Legal protection of HIV-positive employees, especially against discrimination, will be fully analyzed to consider protections against unjust discharges by prejudiced employers, abuse by disrepectful coworkers, and other measures necessary to secure a healthy and harmonious work environment, including reinstatement in case of discriminatory Discharge as mandated by Law No. 9,029 / 95.

PALAVRAS-CHAVE: HIV Positivo; proteção constitucional; discriminação.