Anti-discrimination laws in Brazil - AbsoluteAstronomy.com

Anti-discrimination laws in Brazil

Brazil

Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...

are present in the Constitution of Brazil

Constitution of Brazil

During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...

, in the Labour law

Labour law

Labour law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees...

, in the Child

Child

Biologically, a child is generally a human between the stages of birth and puberty. Some vernacular definitions of a child include the fetus, as being an unborn child. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority...

and Adolescent law

Law

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

, in the Ageing

Ageing

Ageing or aging is the accumulation of changes in a person over time. Ageing in humans refers to a multidimensional process of physical, psychological, and social change. Some dimensions of ageing grow and expand over time, while others decline...

law

Law

, in the Penal Code.

The Brazilian Constitution prohibits all forms of discrimination

Discrimination

Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...

(Age

Ageing

, Race, Color

Color

Color or colour is the visual perceptual property corresponding in humans to the categories called red, green, blue and others. Color derives from the spectrum of light interacting in the eye with the spectral sensitivities of the light receptors...

, National origin,, Disability

Disability

A disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...

, Religion

Religion

Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...

, Sex

Sex

In biology, sex is a process of combining and mixing genetic traits, often resulting in the specialization of organisms into a male or female variety . Sexual reproduction involves combining specialized cells to form offspring that inherit traits from both parents...

, Marital status

Marital status

A person's marital status indicates whether the person is married. Questions about marital status appear on many polls and forms, including censuses and credit card applications.In the simplest sense, the only possible answers are "single" or "married"...

, Political affiliation, Pregnancy

Pregnancy

Pregnancy refers to the fertilization and development of one or more offspring, known as a fetus or embryo, in a woman's uterus. In a pregnancy, there can be multiple gestations, as in the case of twins or triplets...

, Citizenship

Citizenship

Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...

) by federal and state governments and the country's population.

Constitutional preamble

Preamble: "We, the representatives of the Brazilian people, assembled in the National Constituent Assembly to institute a Democratic

Democracy

Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...

State

State (polity)

A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...

for the purpose of ensuring the exercise of social and individual rights, liberty, security, well being, development, equality and justice as supreme values of a fraternal, pluralist

Cultural pluralism

Cultural pluralism is a term used when smaller groups within a larger society maintain their unique cultural identities, and their values and practices are accepted by the wider culture. Cultural pluralism is often confused with Multiculturalism...

and unprejudiced society

Society

A society, or a human society, is a group of people related to each other through persistent relations, or a large social grouping sharing the same geographical or virtual territory, subject to the same political authority and dominant cultural expectations...

, based on social harmony and committed, in the internal and international spheres, to the peaceful solution of disputes, promulgate, under the protection of God, this Constitution of the Federative Republic of Brazil."

Constitutional state principles

Article 1: The Federative Republic of Brazil, formed by the indissoluble union of States and Municipalities, as well as the Federal District, is a legal Democratic State and is founded on: I. sovereignty; II. citizenship

Citizenship

; III. the dignity of the individual; IV. the social values of work and of free enterprise; V. political pluralism.

Constitutional state objectives

Article 3: The fundamental objectives of the Federation Republic of Brazil are: I. to build a free, just and solidarity society; II. to guarantee national development; III. to eradicate poverty and marginal living conditions and to reduce social and regional inequalities; IV. to promote the well being of all, without prejudice

Prejudice

Prejudice is making a judgment or assumption about someone or something before having enough knowledge to be able to do so with guaranteed accuracy, or "judging a book by its cover"...

as to origin, race, sex

Sex

, color

Color

, age

Ageing

, and any other forms of discrimination

Discrimination

Constitutional rights and guarantees

Article 5: All persons are equal before the law, without any distinction whatsoever, and Brazilians and foreigners resident in Brazil are assured of inviolability of the right of life, liberty, equality

Egalitarianism

Egalitarianism is a trend of thought that favors equality of some sort among moral agents, whether persons or animals. Emphasis is placed upon the fact that equality contains the idea of equity of quality...

, security, and property.

Discriminatory pratices

Article 1: It is prohibited the adoption of discriminatory practices and for the purpose of limiting access to the employment relationship, or its maintenance by reason of sex, origin, race, color, marital status, family status or age, except in this case the chances of child protection provided for in paragraph XXXIII art. 7 of the Federal Constitution.

Penality

Article 2: Constitute a crime

Crime

Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...

the following discriminatory practices:

I - the requirement for testing, examination, investigation, report, certificate, statement or any other procedure relating to sterilization or pregnancy status; II - the adoption of any measure, an initiative of the employer who configure;

a) induce or incite genetic sterilization; b) promotion of birth control, thus not considered offering advice or services and family planning, conducted by public or private institutions, subject to the rules of the Unified Health System

Sistema Único de Saúde

The Sistema Único de Saúde is Brazil's publicly-funded health care system. SUS was created after the Brazilian Constitution of 1988, which assured that health care is a "right of all and an obligation of the State" . Prior to that, only people who contributed with the social security were able to...

(SUS).

Penalty

Sentence (law)

In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...

: imprisonment from one to two years and fine.

Single Paragraph. Are active subjects of the crimes referred to in this article:

I - the individual employer; II - the legal representative of the employer, as defined in labor laws; III - the official, directly or by delegation of public and government authorities direct, indirect and foundational to any of the powers of the Union, States, Federal District and Municipalities.

Fine

Article 3: Notwithstanding the provisions of article previous violations of this law are liable comminations the following:

I - administrative fine of ten times the value of the highest salary paid by the employer, in fifty percent higher in case of recidivism; II - prohibition on loans or obtain funding from government financial institutions.

Readmission

Article 4: The severance of the employment

Employment

Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...

relationship by discriminatory act, under the terms of this law, gives the employee a choice between:

I - readmission to provide full compensation for any period of absence, upon payment

Payment

A payment is the transfer of wealth from one party to another. A payment is usually made in exchange for the provision of goods, services or both, or to fulfill a legal obligation....

of remuneration

Remuneration

Remuneration is the total compensation that an employee receives in exchange for the service they perform for their employer. Typically, this consists of monetary rewards, also referred to as wage or salary...

s, corrected monetarily, plus legal interest; II - the perception, double, the remuneration of the cooling off period, adjusted for inflation and plus statutory interest.

Preliminary provisions

Article 5: No child

Child

or adolescent will be subject to any form of neglect, discrimination

Discrimination

, exploitation, violence, cruelty and oppression

Oppression

Oppression is the exercise of authority or power in a burdensome, cruel, or unjust manner. It can also be defined as an act or instance of oppressing, the state of being oppressed, and the feeling of being heavily burdened, mentally or physically, by troubles, adverse conditions, and...

, be punished as any violation of law, by act or omission, their fundamental rights

Fundamental rights

Fundamental rights are a generally-regarded set of entitlements in the context of a legal system, wherein such system is itself said to be based upon this same set of basic, fundamental, or inalienable entitlements or "rights." Such rights thus belong without presumption or cost of privilege to all...

The rights

Article 15: Children and adolescents have the right to freedom, respect and dignity as human persons in the development process and as subjects of civil, human and social rights guaranteed in the Constitution and laws.

Article 17: The right to respect

Respect

Respect denotes both a positive feeling of esteem for a person or other entity , and also specific actions and conduct representative of that esteem. Respect can be a specific feeling of regard for the actual qualities of the one respected...

consists in the inviolability of physical, mental and moral development of children and adolescents, including the preservation of image

Image

An image is an artifact, for example a two-dimensional picture, that has a similar appearance to some subject—usually a physical object or a person.-Characteristics:...

, identity

Identity (social science)

Identity is a term used to describe a person's conception and expression of their individuality or group affiliations . The term is used more specifically in psychology and sociology, and is given a great deal of attention in social psychology...

, autonomy, values, ideas and beliefs, and personal spaces.

Section 18: It is the duty of ensuring the dignity

Dignity

Dignity is a term used in moral, ethical, and political discussions to signify that a being has an innate right to respect and ethical treatment. It is an extension of the Enlightenment-era concepts of inherent, inalienable rights...

of all children and adolescents, putting them safe from any inhuman

Inhuman Condition

Not to be confused with the Sam Roberts' album The Inhuman ConditionInhuman Condition is an EP by Massacre. It was released in 1992 by Earache Records.-Track listing:# "Inhuman Condition" – 5:41# "Plains of Insanity" – 4:48...

, violent, terrifying, harassing or embarrassing.

Prevention

Article 70: It is the duty of all to prevent the occurrence or threat of violation of rights

Rights

Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...

of children and adolescents.

Article 71: Children and adolescents have the right to information, culture, leisure, sports, entertainment, shows and products and services that meet the specific condition of a developing person.

Article 72: The obligations under this Law shall not exclude other special prevention under the principle

Principle

A principle is a law or rule that has to be, or usually is to be followed, or can be desirably followed, or is an inevitable consequence of something, such as the laws observed in nature or the way that a system is constructed...

s adopted by it.

Article 73: Failure to meet standards for preventing import of responsibility of the person or entity under this Act.

Preliminary provisions

Article 4: The No subject shall be subjected to any kind of negligence

Negligence

Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...

, discrimination

Discrimination

, violence, cruelty

Cruelty

Cruelty can be described as indifference to suffering, and even positive pleasure in inflicting it. If this is supported by a legal or social framework, then receives the name of perversion. Sadism can also be related to this form of action or concept....

or oppression, and any violation of their rights by action or omission

Omission

In Catholic teaching an omission is a failure to do something one can and ought to do. If this happens advertently and freely, it is considered a sin....

, shall be punished as provided by law.

§ 1: The is the duty of all to prevent the threat or violation of the rights of the elderly.

§ 2: The obligation

Obligation

An obligation is a requirement to take some course of action, whether legal or moral. There are also obligations in other normative contexts, such as obligations of etiquette, social obligations, and possibly...

s under this Law shall not exclude others deriving from the prevention of principles adopted by it.

Article 5: The failure to meet standards for preventing matter in liability

Legal liability

Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...

to the person or entity under the law.

Article 6: The every citizen has the duty to notify the competent authority any form of violation of this Law who has witnessed or has knowledge.

The rights

Article 10: The State and society, to ensure elderly freedom, respect and dignity

Dignity

as human beings and subject to civil, political, individual and social rights, guaranteed in the Constitution

Constitution of Brazil

During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...

and law

Law

s.

§ 2: The right to respect

Respect

consists in the inviolability of physical, mental and moral, including the preservation of image, identity, autonomy, values, ideas and beliefs, of space and personal objects.

§ 3: It is the duty

Duty

Duty is a term that conveys a sense of moral commitment to someone or something. The moral commitment is the sort that results in action and it is not a matter of passive feeling or mere recognition...

of all protect the dignity of the elderly, putting him safe from any inhuman, violent, terrifying, harassing or embarrassing.

Professionalization and the labour

Article 26: The elderly are entitled to the exercise of professional

Professional

A professional is a person who is paid to undertake a specialised set of tasks and to complete them for a fee. The traditional professions were doctors, lawyers, clergymen, and commissioned military officers. Today, the term is applied to estate agents, surveyors , environmental scientists,...

activity, respect for their physical, intellectual and psychological.

Article 27: On admission to the elderly in any work or employment

Employment

Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...

, is prohibited from discrimination

Discrimination

and the setting of upper age limit, including public examination, except in cases where the nature of the position requires.

Single Paragraph. The first tie-breaker in a public

Public

In public relations and communication science, publics are groups of individuals, and the public is the totality of such groupings. This is a different concept to the sociological concept of the Öffentlichkeit or public sphere. The concept of a public has also been defined in political science,...

examination is age, with preference being given to the higher age.

Article 28: The Government will create and foster programs

Foster care

Foster care is the term used for a system in which a minor who has been made a ward is placed in the private home of a state certified caregiver referred to as a "foster parent"....

:

I - professional expertise to the elderly, taking advantage of their potential

Potential

*In linguistics, the potential mood*The mathematical study of potentials is known as potential theory; it is the study of harmonic functions on manifolds...

s and abilities

Skill

A skill is the learned capacity to carry out pre-determined results often with the minimum outlay of time, energy, or both. Skills can often be divided into domain-general and domain-specific skills...

to regular activities and are paid; II - preparing employees for retirement, with a minimum of 1 year, by stimulating new social

Social

The term social refers to a characteristic of living organisms...

project

Project

A project in business and science is typically defined as a collaborative enterprise, frequently involving research or design, that is carefully planned to achieve a particular aim. Projects can be further defined as temporary rather than permanent social systems that are constituted by teams...

s, according to their interests, and clarification on social rights and citizenship; III - to encourage private companies to admission of the elderly to work.

Crimes in general

Article 96: Discriminate against the elderly by preventing or hindering their access to banking facilities, means of transport

Transport

Transport or transportation is the movement of people, cattle, animals and goods from one location to another. Modes of transport include air, rail, road, water, cable, pipeline, and space. The field can be divided into infrastructure, vehicles, and operations...

, the right to hire

Employment

Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...

or by any other means or instrument necessary for the exercise of citizenship

Citizenship

by reason of age.

Penalty

Sentence (law)

: imprisonment

Imprisonment

Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....

from 6 months to 1 year and a fine.

§ 1: The same penalty who despise, humiliate, belittle or discriminate against the elderly, for any reason.

§ 2: The penalty will be increased from 1/3 if the victim is under the care or responsibility of the agent.

Article 97: Failure to assist the elderly, when possible to do so without personal risk, in situations of imminent danger, or refuse, delay or hamper their health care

Health care

Health care is the diagnosis, treatment, and prevention of disease, illness, injury, and other physical and mental impairments in humans. Health care is delivered by practitioners in medicine, chiropractic, dentistry, nursing, pharmacy, allied health, and other care providers...

, without cause, or not to ask these cases, the help of public authority.

Penalty: detention of 6 months to 1 year and a fine.

Single Paragraph. The penalty is increased by half if the omission resulting serious bodily injury, and tripled if death

Death

Death is the permanent termination of the biological functions that sustain a living organism. Phenomena which commonly bring about death include old age, predation, malnutrition, disease, and accidents or trauma resulting in terminal injury....

results.

Article 98: Leave the elderly in hospital

Hospital

A hospital is a health care institution providing patient treatment by specialized staff and equipment. Hospitals often, but not always, provide for inpatient care or longer-term patient stays....

s, nursing homes, long stay entities, or the like, or do not meet their basic needs, when required by law or court.

Penalty: detention of 6 months to 3 years and fine.

Article 99: Expose to danger the health

Health

Health is the level of functional or metabolic efficiency of a living being. In humans, it is the general condition of a person's mind, body and spirit, usually meaning to be free from illness, injury or pain...

and wellbeing, physical or mental, the elderly, subjecting him to inhuman or degrading conditions or depriving them of food and care needed when required to do so, or subjecting him to overwork or inadequate.

Penalty: imprisonment from 2 months to 1 year and a fine.

§ 1: If the fact results serious bodily injury

Injury

-By cause:*Traumatic injury, a body wound or shock produced by sudden physical injury, as from violence or accident*Other injuries from external physical causes, such as radiation injury, burn injury or frostbite*Injury from infection...

.

Penalty: imprisonment of 1 to 4 years.

§ 2: If death

Death

results.

Penalty: imprisonment from 4 to 12 years.

Article 100: Constitutes a crime punishable by imprisonment of 6 months to one 1 year and a fine:

I - obstruct someone's access to any public office by reason of age; II - to deny someone because of age, employment or work; III - deny, delay or hamper treatment

Therapy

This is a list of types of therapy .* Adventure therapy* Animal-assisted therapy* Aquatic therapy* Aromatherapy* Art and dementia* Art therapy* Authentic Movement* Behavioral therapy* Bibliotherapy* Buteyko Method* Chemotherapy...

or fail to provide health care

Health care

, without cause, the elder; IV - fail to comply, delay or frustrate without due cause, the execution of a court order issued in a civil action to which this Law refers; V - deny, delay or omit the technical data essential to the commencement of civil action object of this Act, when requested by the prosecutor

Prosecutor

The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...

.

Article 101: Failure to comply with, delay or frustrate without due cause, the execution of a court order issued in actions in which it is party or intervener the elderly.

Penalty

Sentence (law)

: imprisonment from 6 months to 1 year and fine.

Article 102: Appropriating or diverting asset

Asset

In financial accounting, assets are economic resources. Anything tangible or intangible that is capable of being owned or controlled to produce value and that is held to have positive economic value is considered an asset...

s, earnings

Income

Income is the consumption and savings opportunity gained by an entity within a specified time frame, which is generally expressed in monetary terms. However, for households and individuals, "income is the sum of all the wages, salaries, profits, interests payments, rents and other forms of earnings...

, pension

Pension

In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment. Pensions should not be confused with severance pay; the former is paid in regular installments, while the latter is paid in one lump sum.The terms retirement...

or other income of the elderly, giving them differently from application of its purpose.

Penalty: imprisonment of 1 to 4 years and fine.

Article 103: Denying the host or the elderly to stay as warm, by refusing to grant this authority to the proxy service.

Penalty: detention of 6 months to 1 year and a fine.

Article 104: Hold the magnetic card bank

Bank

A bank is a financial institution that serves as a financial intermediary. The term "bank" may refer to one of several related types of entities:...

account on benefits, or pension income of the elderly as well as other documents for the purpose of ensuring receipt or recovery of debt.

Penalty: detention of 6 to 2 years and fine.

Article 105: View or vehicle by any means of communication

Communication

Communication is the activity of conveying meaningful information. Communication requires a sender, a message, and an intended recipient, although the receiver need not be present or aware of the sender's intent to communicate at the time of communication; thus communication can occur across vast...

, information

Information

Information in its most restricted technical sense is a message or collection of messages that consists of an ordered sequence of symbols, or it is the meaning that can be interpreted from such a message or collection of messages. Information can be recorded or transmitted. It can be recorded as...

or pictures derogatory or insulting the person of aging.

Penalty: detention of 1 to 3 years and fine.

Article 106: Induce elderly without understanding of their acts to grant powers of attorney

Power of attorney

A power of attorney or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter...

for asset management or dispose of them.

Penalty: 2 to 4 years.

Article 107: Coerce, in any event, the senior to donate, recruit, test, or grant powers of attorney.

Penalty: imprisonment from 2 to 5 years.

Article 108: Plow notarial act involving elder undiscerning of their acts without proper legal representation.

Penalty: imprisonment from 2 to 4 years.

Injury

Article 140: Scorn someone, offending the dignity

Dignity

or decorum

Decorum

Decorum was a principle of classical rhetoric, poetry and theatrical theory that was about the fitness or otherwise of a style to a theatrical subject...

:

Penalty: detention

Detention (imprisonment)

Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to criminal charges being raised against the individual as part of a prosecution or to protect a person or property...

of one1 to 6 months or a fine.

§ 1: The judge

Judge

A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

can not apply the penalty:

I - When the victim, so reprehensible, directly caused the injury

Injury

; II - For immediate retaliation, which consists of another injury.

§ 2: If the injury is violence

Violence

Violence is the use of physical force to apply a state to others contrary to their wishes. violence, while often a stand-alone issue, is often the culmination of other kinds of conflict, e.g...

or blows, which by its nature or the means employed, are considered demeaning:

Penalty: detention from 3 months to 1 year and a fine in addition to the penalty corresponding to violence.

§ 3: If the injury is the use of evidence relating to race, color, ethnicity, religion, origin or condition of elderly or disabled.

Penalty: imprisonment

Imprisonment

Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....

from one to three years and fine.

Proposed expansion

The federal legislation PLC (Bill) 122/06 proposes to add sexual orientation to the categories to which anti-discrimination laws in Brazil apply. The bill was sponsored in 2006, and was approved by the Brazilian Chamber of Deputies

Chamber of Deputies of Brazil

The Chamber of Deputies of Brazil is a federal legislative body and the lower house of the National Congress of Brazil. As of 2006, the chamber comprises 513 deputies, who are elected by proportional representation to serve four-year terms...

in 2008. As of December 2010 it is pending in the Brazilian Senate

Senate of Brazil

The Federal Senate of Brazil is the upper house of the National Congress of Brazil. Created by the first Constitution of the Brazilian Empire in 1824, it was inspired by the United Kingdom's House of Lords, but with the Proclamation of the Republic in 1889 it became closer to the United States...

. It is expected to come into force in 2011. The bill has the support of the president-elect Dilma Rousseff

Dilma Rousseff

Dilma Vana Rousseff is the 36th and current President of Brazil. She is the first woman to hold the office. Prior to that, in 2005, she was also the first woman to become Chief of Staff of Brazil, appointed by then President Luiz Inácio Lula da Silva....

Constitutional preamble

Constitutional state principles

Constitutional state objectives

Constitutional rights and guarantees

Discriminatory pratices

Penality

Fine

Readmission

Preliminary provisions

The rights

Prevention

Preliminary provisions

The rights

Professionalization and the labour

Crimes in general

Injury

Proposed expansion

See also