Ações afirmativas no direito constitucional do trabalho e a função socioambiental das empresas no combate ao racismo

Abstract

After 135 years since the end of black slavery in Brazil, which lasted more than three centuries, the consequences of the absence of a public policy to welcome those recently freed in 1888 still reverberate in contemporary Brazil. The blackening of poverty, hunger, unemployment and the prison population are some of the indications that reparatory measures must be promoted by the entire society so that the hateful legacy of slavery can be overcome. However, when bringing to the public arena the need to compensate people of African descent for this negligent historical legacy, there is always a strong rejection of any proposal in this regard, especially with regard to affirmative actions. As a result of this reactive stance, it was left to the public authorities to lead initiatives to socially integrate the black population with the adoption of racial quotas in access to public education and entry into state careers. A similar stance, however, is rarely seen from individuals, especially employers. Given this scenario, the present work proposes to discuss how companies are obliged to institute racial diversity policies, with a view to complying with their socio-environmental function of reducing the social inequalities present in art. 170 of CFRB/88. To provide an answer to the proposed problem, this study, using the dialectical method, dedicated the first chapter to recovering part of the Brazilian slave past, which gave rise to the structural racism currently experienced, and explaining how these three hundred captive labor contributed to marginalizing the majority of the population. Once it has been demonstrated how colonialism influenced the current situation of social inequality between races, the second chapter addresses how affirmative actions can be a valuable instrument to overcome the consequences of colonialism, by giving marginalized people the opportunity to occupy prominent positions. Finally, the last chapter discusses how, given the absence of a specific standard for the topic, the Brazilian legal system provides normative support for society to demand from companies the application of ethnic-racial quotas in Labor Law