RELIGIÃO E DIREITO DO TRABALHO: UMA ANÁLISE DOS LIMITES DO PODER DIRETIVO DO EMPREGADOR EM RELAÇÃO À LIBERDADE RELIGIOSA

Abstract

This dissertation deals with the limits of the employer 's directive power and the constitutional protection to the religious freedom, bringing, initially, an investigation about the basic concepts of the employment relation. Thus, considering that constitutional safeguards are applicable in public and private relations, given the horizontal effectiveness of fundamental rights, both employer and employee are legally compelled to ensure a free environment for religiously-minded manifestations of thought, from hiring to the execution of activities. Subsequently, by relating the analyzed institutes to labor law, it seeks to demonstrate the balance between the right to religious freedom and the employer's governing power, since the latter is the organization of labor activity. Thus, in view of the demonstration of the recurrent occurrence of abuse by the employer, the solution to the conflict is sought, taking into consideration legal principles, with emphasis on the principle of proportionality. Finally, it deals with tried courts that involve the matter, in order to analyze how the courts have judged the conflicts between religious freedom and the employer's governing power. The research is based on the constitutional text and doctrine, through research and literature review, with the scope of reaching the best conclusion about the conflict between employee and employer rights, both ensured by the Constitution. Certainly, while respecting the limits of the rights of employees and employers, it is advisable to have a good policy of informing employees about the correct use of their work tools, and it should always be remembered that human relations of any nature must be based on objective good faith.