LIBERDADE RELIGIOSA NO AMBIENTE DE TRABALHO

Abstract

This paper presents, as its general objective, the approaching of religious freedom at work environment, leading to the following question: which is the the relation between work and religion at the labor space? The hypothesis this dissertation considers is that both must be faced as complementary in the citizen's identity. Therefore, initially, the discussion of the the rights of religion and work became necessary. As it is, the religious liberty in the international system of human rights was clarified and, also, its evolutions in the Brazilian constitutions, which included possible conflicts between religious freedom and the other fundamental rights. Posteriorly, labor law is treated, concatenating, among other topics, the subordination of the employee and the directive power of the employer, and then, the preservation of work environment as place of employee's rights is emphasized. The second part refers to the central theme of the dissertation: the religious freedom at labor environment. In this part, which relates work with religious freedom, some issues were approached, such as: religious tendencies by some employers; proselytism; objection of professional conscience; and about domestic employment and religious freedom. The last part discusses about the religious discrimination at the work environment and the moments in which it could happen, also exposing moral damage and due cause of dismissal while they are legal consequences of religious discrimination and moral harassment by religious reasons at the labor environment. Finally, it discusses about of the patronal duties of provide reasonable acomodations to the employee's religious practices. In what concerns about the methodology, the data were gotten through bibliographic research, presenting Aloisio Cristovam dos Santos Junior as the most quoted author. This research has as its utility to assert the religious liberty as both fundamental right and warranty, which must be reasonably guaranteed in any location, labor space included, though they are not absolute.