LIBERDADE RELIGIOSA NO AMBIENTE LABORAL E SEUS DESDOBRAMENTOS NA ESFERA JURÍDICA

Abstract

This paper discusses the issue of religious freedom in the workplace related to the legal framework. Based on the problem question of this work (to what extent have the legal answers based on the Constitution been adequate to the conflicting issues between religion and working life?), The aim was to demonstrate the problem faced by the dogmas of his creed in the workplace discussing its legal outcome. With this purpose, it was necessary, initially, to know the predictions about religious freedom in Brazilian constitutions, the conceptualization of Fundamental Rights and how violations of this nature are affected in labor relations. Secondly, the focus was on discrimination: term semantics, forms and moments of occurrence (in the pre-contractual and contractual phases) and the legal effects of religious discrimination in the workplace (termination for just cause and compensation for moral damages). Finally, some examples of these contemporary incidents in Brazil, such as Sabbath keeping, religious proselytism, religious harassment, and acts and cults in the work environment, are legally analyzed. The methodology used to explore the problem was the bibliographical review, whose authors of greater relevance were João Trindade Cavalcante Filho, Aluisio Cristovam dos Santos Júnior, Maria Luiza Pinheiro Coutinho. Refining the data, we proceeded to a descriptive phase of the phenomenon accompanied by the explanatory identifying factors determining the incidence causing the problem. It was concluded that the neutrality of the State has not been reasonable in religious disputes in the labor environment where religious pluralism occurs and its manifestation causing issues of legal outcome. The work punctuated, on the one hand, the lawfulness of religious proselitism as a fundamental right of expression of the employee / employer; on the other, the unconstitutionality of moral harassment for religious reasons, since it coerces and constrains the victim. In the bosom of the fundamental rights of man, there is religious freedom, but restricted, because its fullness violates the freedom of the other.