Liberdade individual do empregado frente ao poder diretivo do empregador: cabelo como identidade étnica e cultural e os Direitos Humanos

Abstract

The proposal developed in this paper aims to reflect on aesthetic bias in the work environment, focusing on hair as a form of ethnic and cultural expression, noting that the discrimination is based on a logic of overlapping values that it considers to be “beautiful” characteristics only those that “ennoble” themselves with the patterns propagated by the economic system, which accentuates the need for more work so that greater consumption and display of goods can be included. In order to do this, the fundamental principles and their foundations (dignity of the human person and the Democratic State of Law) are analyzed as a basis for exposing the right to equality despite differences, but also analyzes the managerial power of the employer and the limitations to ensure the individual freedom of the employee. The choice of the object of this work is justified by the need for debates about aesthetic prejudice, as well as the relevance of society's understanding that differences must be respected.