Discriminação, desrespeito e reconhecimento: a igualdade nas relações privadas um olhar sobre o Recurso Extraordinário nº 845.779

• Ano de defesa: 2016
• Autor(a) principal: Renan Sales de Meira
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Minas Gerais; UFMG
• Palavras-chave em Português: Desrespeito; Igualdade; Reconhecimento; Direitos fundamentais; Direito constitucional; Discriminação
• Link de acesso: http://hdl.handle.net/1843/BUBD-AKMQUV

The central theme of this study is the application of the principle of equality to private relationships, taking into account the occurrence of discriminatory practices. Starting from the theoretical constructions of Ingo Sarlet, Daniel Sarmento, Wilson Steinmetz, Virgílio da Silva and Marcelo Duque about the horizontal effect of fundamental rights, the work seeks to evaluate if Brazilian doctrine is sufficient to deal with judicial private controversies regarding the application of the isonomy principle to discriminatory conducts. The investigation of the research object started from the analysis of the case presented at the Extraordinary Appeal (Recurso Extraordinário) n. 845.779-SC, which had its judgment suspended by the Brazilian Supreme Federal Court (Supremo Tribunal Federal) due to a requirement by Minister Luiz Fux, in which the use of a female restroom by a transsexual woman at a shopping center was denied. It is concluded that the traditional doctrines are not enough to adequately treat circumstances as that, once they lack appropriate instruments of social analysis to explore what is most relevant: the harmful effect those practices can cause in the process of formation of the jeopardised subjects individual identity. Therefore, the critical social theory of Axel Honneth notably the recognition category can offer the indispensable conceptual instrument for an appropriate constitutional reflection upon the circumstances of violation of the equality principle through discriminatory practices. Conducts as such brings in experiences of disrespect, which raise difficulties for the process of constructing individual autonomy by the affected subjects, undermining an egalitarian possibility for everyone to achieve self-realization, purpose intended by an appropriate conception of social justice. At the specific case of Extraordinay Appel n. 845.779-SC, the theoretical perspective of Axel Honneth permits to conclude that it would be important that the court condemns the defendant to pay compensation for the moral damage caused, in order to preserve transsexual people gender identity. It is important to emphasize that such reflection transcend this specific situation, applying to different others involving discriminatory practices in the private domain. Thus, this research intends to insert itself and contribute to a theoretical agenda that seeks to approximate constitutional law to critical social theorie