Empresa e igualdade de gênero: uma responsabilidade social à luz da ordem econômica constitucional e diretrizes internacionais de direitos humanos

• Ano de defesa: 2024
• Autor(a) principal: Mergulhão, Rossana Teresa Curioni
• Orientador(a): Bercovici, Gilberto
• Banca de defesa: Bercovici, Gilberto , Marques, Samantha Ribeiro Meyer-Pflug , Maciel, Renata Mota , Vieira, Regina Stela Corrêa , Sayeg, Ricardo Hasson
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Nove de Julho
• Programa de Pós-Graduação: Programa de Pós-Graduação em Direito
• Departamento: Direito
• País: Brasil
• Palavras-chave em Português: empresa; igualdade de gênero; relações de trabalho; direitos humanos; função social; responsabilidade social
• Palavras-chave em Inglês: company; gender equality; labor relations; human rights; social role; social responsibility
• Palavras-chave em Espanhol: empresa; igualdad de género; relaciones laborales; derechos humanos; papel social; responsabilidad social
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://bibliotecatede.uninove.br/handle/tede/3461

Theme: This research aims to analyze the social responsibility of the company, arising from the principle of social function of property, which guides the Brazilian constitutional economic order. Problem: The research question is: In a scenario of inequality, especially with regard to gender, in the environment of labor relations, to what extent can the company contribute to the realization of the fundamental right to substantive gender equality: Hypothesis: The research is based on the following hypothesis: Despite the fact that the exercise of economic activity is guided by the principle of freedom of initiative, while ensuring the right to private property and it carries out its activity with the primary objective of making profit, it is affirmed that the company has a social responsibility in this respect, i.e., the company must operate in such a way as to promote not only its own development, but also the common good of society, since they have effects within its internal structures and beyond, i.e., on the lives of workers, on the community, on customers, on suppliers, on the environment, etc. Objective. The objective of this research is to study the foundations of the company to analyze whether the role of putting substantive gender equality into practice is part of the social function and social responsibility of the company and how it can contribute to this purpose, as regards labor relations. Methodology. The method used to carry out this investigation is deductive, based on academic research with a qualitative approach, bibliographic and documentary, by examining international and national regulations, as a basis for gender equality and by researching the company’s responsibility in search for a more egalitarian working environment. Conclusion. The company, due to its relevance in the economic, social and political scenarios and in consonance with international regulations and with the Brazilian constitutional text, has a social responsibility that stems from the social function that governs it, to act effectively in the realization of gender equality in the work environment. This study challenges the Company, interpreted by many people as an eminently private institute, on the one hand, and gender equality, which is contemplated among Human Rights, on the other hand. Innovation. The innovation of this research lies in the in-depth analysis of the ethical, social and legal bases of gender equality and the regulatory basis of the company, in light of the constitutional economic order, with a view to making the company’s actions compatible with the realization of the fundamental right to gender equality, as part of labor relations, in such a way as to conclude that it is a social responsibility arising from the Constitution and from the International Human Rights regulations, in a direct and immediate manner.