JUSTIÇA DO TRABALHO E A EFETIVAÇÃO DE DIREITOS SOCIAIS NA ATUALIDADE

Abstract

This paper will discuss the current ruling of the Federal Supreme Court (STF) under the Default Omission Action (ADO) 26and the Injunction Warrant (MI) 4473 regarding the equation of LGBTFOBIA crime with racism. Firstly, it discusses the three hypotheses made by Minister Celso de Mello regarding legislative omission, the concept of LGBTFOBIA and the prescription of criminal prosecution. Secondly, it addresses some studies that have shown some difficulties with regard to the criminalization of “racism” in the context of state action and its possible rebounds in labor law, especially as regards the principle of jus postulandiwhich is one of the principles that guarantee the autonomy of this branch of law. The research framework is centered on historical institutionalism, notably that of poststructuralist influence, centered on the analyzes of Michel Foucault and Gilles Deleuze. The research method is centered on the analysis of jurisprudence of the Supreme Court. The objective of the research is to analyze some possible effects of the “Labor Reform” carried out in 2017, by means of an STF decision that reformulated the “Ris Theory” and that possibly “impacted” the “Company Theory”. , the Consumer Protection Code and the performance of the Public Prosecution Service and the Public Defender's Office.

Keywords

• equalization
• recognition
• lgbtfobia
• racism
• labor law