The Constitution’s preamble states that the Constitution was promulgated with 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 and unprejudiced society, founded on social harmony and committed, in the internal and international orders, to the peaceful settlement of disputes.
The Constitution is relevant to the right to non-discrimination and equality, and could be applicable in the area of employment in a number of ways, including:
(i) Article I, subclauses III and IV, provides that the Federative Republic of Brazil is a legal democratic state founded on the dignity of the human person and the social values of labor and of free enterprise.
(ii) Article 3, subclause IV, provides that one of the fundamental objectives of the Federative Republic of Brazil is to promote the well-being of all, without prejudice as to origin, race, sex, color, age or any other form of discrimination.
(iii) Article 4, subclause VIII, provides that the international relations of the Federative Republic of Brazil are governed, among other principles, by the repudiation of terrorism and racism.
(iv) Article 5 provides that all persons are equal before the law, without any distinction whatsoever. Its subclause XLII provides that the practice of racism is a non-bailable crime, with no statute of limitations, subject to the penalty of imprisonment, under the terms of the law.
(v) Article 7, subclause XXX, prohibits any difference in wages, in the performance of duties and in the hiring criteria of urban and rural workers by reason of sex, age, color or marital status.