Igualdade salarial de gênero: análise das práticas de equiparação salarial e a busca pela equidade no direito do trabalho brasileiro

Abstract

This work analyzes the practices of wage equalization and the pursuit of equality in labor law as mechanisms to combat gender discrimination within the Brazilian legal framework. The study sheds light on the persistence of gender discrimination in the labor market, its economic and social consequences, and the crucial role of labor law in promoting equal pay. First, the problem of gender discrimination and the importance of equal pay as a fundamental principle of human rights are presented. It then provides a historical overview of women's entry into the labor market, from ancient civilizations to the Industrial Revolution and the current context, addressing the gender division of labor and the social norms that have contributed to gender discrimination. The analysis of the evolution of women's participation in the Brazilian labor market reveals significant wage inequalities, with case studies demonstrating the judiciary's role in promoting wage equality. The study also examines the norms and principles enshrined in Brazilian legislation and international conventions promoting equal pay and discusses the difficulties in applying these laws and the institutional barriers to achieving equality. Despite advances in legislation, women continue to face significant barriers to accessing professional opportunities and fair pay. The methodology includes bibliographic, descriptive, and legal research based on the Consolidation of Labor Laws (CLT), the Federal Constitution of 1988, Law No. 14.611/2023, and international treaties and conventions on the subject. The results show that gender pay inequality still exists in Brazil, highlighting the need for effective enforcement of existing laws and sound public policies to combat gender discrimination in the workplace. The study concludes that the fight for gender pay equality is complex and multifaceted, requiring continuous and coordinated efforts from all sectors of society. The concluding reflections emphasize the importance of strengthening oversight, increasing transparency in pay policies, and promoting cultural change to challenge social norms that perpetuate gender discrimination. Government, business, and civil society joint efforts are recommended to create a fairer and more equitable working environment.