A Exigência de certificado de antecedentes criminais na contratação do empregado

Abstract

This paper reflects about the simple requirement of criminal background by the employer at the time of the employee's hiring. Based on literature research and under the approach of fundamental rights conflict of employer and employee, and right to information of society as a whole, it is concluded that the simple requirement, using the principles of reasonableness and proportionality, would not generate moral damage. It exposes and discusses about two recent judgments of the Superior Labor Court, on the topic title, where there are differences between them.