Anti-discrimination laws in Brazil

Brazil

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Anti-discrimination laws in Brazil are present in the Constitution of Brazil,^[1] in the Labour law,^[2] in the Child and Adolescent law,^[3] in the Ageing law,^[4] in the Penal Code.^[5]

The Brazilian Constitution prohibits all forms of discrimination (Age, Race, Color, National origin,, Disability, Religion, Sex, Marital status, Political affiliation, Pregnancy, Citizenship) by federal and state governments and the country's population.^[6]

Constitution

Constitutional preamble

Preamble: "We, the representatives of the Brazilian people, assembled in the National Constituent Assembly to institute a Democratic State for the purpose of ensuring the exercise of social and individual rights, liberty, security, well being, development, equality and justice as supreme values of a fraternal, pluralist and unprejudiced society, based on social harmony and committed, in the internal and international spheres, to the peaceful solution of disputes, promulgate, under the protection of God, this Constitution of the Federative Republic of Brazil."

Constitutional state principles

Article 1: The Federative Republic of Brazil, formed by the indissoluble union of States and Municipalities, as well as the Federal District, is a legal Democratic State and is founded on: I. sovereignty; II. citizenship; III. the dignity of the individual; IV. the social values of work and of free enterprise; V. political pluralism.

Constitutional state objectives

Article 3: The fundamental objectives of the Federation Republic of Brazil are: I. to build a free, just and solidarity society; II. to guarantee national development; III. to eradicate poverty and marginal living conditions and to reduce social and regional inequalities; IV. to promote the well being of all, without prejudice as to origin, race, sex, color, age, and any other forms of discrimination.

Constitutional rights and guarantees

Article 5: All persons are equal before the law, without any distinction whatsoever, and Brazilians and foreigners resident in Brazil are assured of inviolability of the right of life, liberty, equality, security, and property.

Labour law

Discriminatory pratices

Article 1: It is prohibited the adoption of discriminatory practices and for the purpose of limiting access to the employment relationship, or its maintenance by reason of sex, origin, race, color, marital status, family status or age, except in this case the chances of child protection provided for in paragraph XXXIII art. 7 of the Federal Constitution.

Penality

Article 2: Constitute a crime the following discriminatory practices:

I - the requirement for testing, examination, investigation, report, certificate, statement or any other procedure relating to sterilization or pregnancy status; II - the adoption of any measure, an initiative of the employer who configure;

a) induce or incite genetic sterilization; b) promotion of birth control, thus not considered offering advice or services and family planning, conducted by public or private institutions, subject to the rules of the Unified Health System (SUS).

Penalty: imprisonment from one to two years and fine.

Single Paragraph. Are active subjects of the crimes referred to in this article:

I - the individual employer; II - the legal representative of the employer, as defined in labor laws; III - the official, directly or by delegation of public and government authorities direct, indirect and foundational to any of the powers of the Union, States, Federal District and Municipalities.

Fine

Article 3: Notwithstanding the provisions of article previous violations of this law are liable comminations the following:

I - administrative fine of ten times the value of the highest salary paid by the employer, in fifty percent higher in case of recidivism; II - prohibition on loans or obtain funding from government financial institutions.

Readmission

Article 4: The severance of the employment relationship by discriminatory act, under the terms of this law, gives the employee a choice between:

I - readmission to provide full compensation for any period of absence, upon payment of remunerations, corrected monetarily, plus legal interest; II - the perception, double, the remuneration of the cooling off period, adjusted for inflation and plus statutory interest.

Child and Adolescent law

Preliminary provisions

Article 5: No child or adolescent will be subject to any form of neglect, discrimination, exploitation, violence, cruelty and oppression, be punished as any violation of law, by act or omission, their fundamental rights.

The rights

Article 15: Children and adolescents have the right to freedom, respect and dignity as human persons in the development process and as subjects of civil, human and social rights guaranteed in the Constitution and laws.

Article 17: The right to respect consists in the inviolability of physical, mental and moral development of children and adolescents, including the preservation of image, identity, autonomy, values, ideas and beliefs, and personal spaces.

Section 18: It is the duty of ensuring the dignity of all children and adolescents, putting them safe from any inhuman, violent, terrifying, harassing or embarrassing.

Prevention

Article 70: It is the duty of all to prevent the occurrence or threat of violation of rights of children and adolescents.

Article 71: Children and adolescents have the right to information, culture, leisure, sports, entertainment, shows and products and services that meet the specific condition of a developing person.

Article 72: The obligations under this Law shall not exclude other special prevention under the principles adopted by it.

Article 73: Failure to meet standards for preventing import of responsibility of the person or entity under this Act.

Ageing law

Preliminary provisions

Article 4: The No subject shall be subjected to any kind of negligence, discrimination, violence, cruelty or oppression, and any violation of their rights by action or omission, shall be punished as provided by law.

§ 1: The is the duty of all to prevent the threat or violation of the rights of the elderly.

§ 2: The obligations under this Law shall not exclude others deriving from the prevention of principles adopted by it.

Article 5: The failure to meet standards for preventing matter in liability to the person or entity under the law.

Article 6: The every citizen has the duty to notify the competent authority any form of violation of this Law who has witnessed or has knowledge.

The rights

Article 10: The State and society, to ensure elderly freedom, respect and dignity as human beings and subject to civil, political, individual and social rights, guaranteed in the Constitution and laws.

§ 2: The right to respect consists in the inviolability of physical, mental and moral, including the preservation of image, identity, autonomy, values, ideas and beliefs, of space and personal objects.

§ 3: It is the duty of all protect the dignity of the elderly, putting him safe from any inhuman, violent, terrifying, harassing or embarrassing.

Professionalization and the labour

Article 26: The elderly are entitled to the exercise of professional activity, respect for their physical, intellectual and psychological.

Article 27: On admission to the elderly in any work or employment, is prohibited from discrimination and the setting of upper age limit, including public examination, except in cases where the nature of the position requires.

Single Paragraph. The first tie-breaker in a public examination is age, with preference being given to the higher age.

Article 28: The Government will create and foster programs:

I - professional expertise to the elderly, taking advantage of their potentials and abilities to regular activities and are paid; II - preparing employees for retirement, with a minimum of 1 year, by stimulating new social projects, according to their interests, and clarification on social rights and citizenship; III - to encourage private companies to admission of the elderly to work.

Crimes in general

Article 96: Discriminate against the elderly by preventing or hindering their access to banking facilities, means of transport, the right to hire or by any other means or instrument necessary for the exercise of citizenship by reason of age.

Penalty: imprisonment from 6 months to 1 year and a fine.

§ 1: The same penalty who despise, humiliate, belittle or discriminate against the elderly, for any reason.

§ 2: The penalty will be increased from 1/3 if the victim is under the care or responsibility of the agent.

Article 97: Failure to assist the elderly, when possible to do so without personal risk, in situations of imminent danger, or refuse, delay or hamper their health care, without cause, or not to ask these cases, the help of public authority.

Penalty: detention of 6 months to 1 year and a fine.

Single Paragraph. The penalty is increased by half if the omission resulting serious bodily injury, and tripled if death results.

Article 98: Leave the elderly in hospitals, nursing homes, long stay entities, or the like, or do not meet their basic needs, when required by law or court.

Penalty: detention of 6 months to 3 years and fine.

Article 99: Expose to danger the health and wellbeing, physical or mental, the elderly, subjecting him to inhuman or degrading conditions or depriving them of food and care needed when required to do so, or subjecting him to overwork or inadequate.

Penalty: imprisonment from 2 months to 1 year and a fine.

§ 1: If the fact results serious bodily injury.

Penalty: imprisonment of 1 to 4 years.

§ 2: If death results.

Penalty: imprisonment from 4 to 12 years.

Article 100: Constitutes a crime punishable by imprisonment of 6 months to one 1 year and a fine:

I - obstruct someone's access to any public office by reason of age; II - to deny someone because of age, employment or work; III - deny, delay or hamper treatment or fail to provide health care, without cause, the elder; IV - fail to comply, delay or frustrate without due cause, the execution of a court order issued in a civil action to which this Law refers; V - deny, delay or omit the technical data essential to the commencement of civil action object of this Act, when requested by the prosecutor.

Article 101: Failure to comply with, delay or frustrate without due cause, the execution of a court order issued in actions in which it is party or intervener the elderly.

Penalty: imprisonment from 6 months to 1 year and fine.

Article 102: Appropriating or diverting assets, earnings, pension or other income of the elderly, giving them differently from application of its purpose.

Penalty: imprisonment of 1 to 4 years and fine.

Article 103: Denying the host or the elderly to stay as warm, by refusing to grant this authority to the proxy service.

Penalty: detention of 6 months to 1 year and a fine.

Article 104: Hold the magnetic card bank account on benefits, or pension income of the elderly as well as other documents for the purpose of ensuring receipt or recovery of debt.

Penalty: detention of 6 to 2 years and fine.

Article 105: View or vehicle by any means of communication, information or pictures derogatory or insulting the person of aging.

Penalty: detention of 1 to 3 years and fine.

Article 106: Induce elderly without understanding of their acts to grant powers of attorney for asset management or dispose of them.

Penalty: 2 to 4 years.

Article 107: Coerce, in any event, the senior to donate, recruit, test, or grant powers of attorney.

Penalty: imprisonment from 2 to 5 years.

Article 108: Plow notarial act involving elder undiscerning of their acts without proper legal representation.

Penalty: imprisonment from 2 to 4 years.

Penal Code

Injury

Article 140: Scorn someone, offending the dignity or decorum:

Penalty: detention of one1 to 6 months or a fine.

§ 1: The judge can not apply the penalty:

I - When the victim, so reprehensible, directly caused the injury; II - For immediate retaliation, which consists of another injury.

§ 2: If the injury is violence or blows, which by its nature or the means employed, are considered demeaning:

Penalty: detention from 3 months to 1 year and a fine in addition to the penalty corresponding to violence.

§ 3: If the injury is the use of evidence relating to race, color, ethnicity, religion, origin or condition of elderly or disabled.

Penalty: imprisonment from one to three years and fine.

Proposed expansion

The federal legislation PLC (Bill) 122/06 proposes to add sexual orientation to the categories to which anti-discrimination laws in Brazil apply. The bill was sponsored in 2006, and was approved by the Brazilian Chamber of Deputies in 2008. As of December 2010 it is pending in the Brazilian Senate. It is expected to come into force in 2011.^[7] The bill has the support of the president-elect Dilma Rousseff.^[8]

See also

	Human rights portal
	Brazil portal

• List of anti-discrimination acts
• Labour law
• Criminal law
• Constitutional law
• Anti-discrimination law
• Employment discrimination law in the United States
• Employment discrimination law in the United Kingdom

References

1. ^ Anti-discrimination laws in the Brazilian Constitution (Portuguese)
2. ^ Anti-discrimination laws in the Brazilian Labour law (Portuguese)
3. ^ Anti-discrimination laws in the Brazilian Child and Adolescent law (Portuguese)
4. ^ Anti-discrimination laws in the Brazilian Ageing law (Portuguese)
5. ^ Anti-discrimination laws in the Brazilian Penal Code (Portuguese)
6. ^ Equality and Discrimination - The Constitution prohibits all forms of discrimination in Brazil (Portuguese)
7. ^ The situation of PLC 122/06 (Portuguese)
8. ^ The PLC 122/06 in 2011 (Portuguese)