O dispositivo da dispensa e o poder heterossexual nas relações de trabalho

Abstract

The present dissertation has as its central problem the understanding of the analysis of the broad freedom of the dispensation device, in Brazilian Labor Law, if it is structurally homophobic. I start from the hypothesis that labor law is omisso by not protecting these identities and also does not act in the imposition of limits on employment power. The methodology adopted is configured as a study and bibliographic review, essentially theoretical. This study is intersected with data that articulate and demonstrate a series of contractual violence and illegalities that are confirmed by theoretical research. As a general objective, I demonstrate how the powers typical of dispensation, especially the unmotivated, make labor law function as a space for maintaining homophobia and LGBTIphobia. The conformations of employment power and the expression of power in the act of dispensation keep, within itself, the normative and normalizing form of gender and sexuality regimes. Queer, as the main methodology, is a critical methodological of the law, so as to enable these corporalities not to be easily dismissed. Also occupying the same prominent place, I base myself on the critical theory of Sociology of Labor as a methodological support of resistance for the analysis of the influence of neoliberalism on the dispensations of these corporalities, besides investigating how labor law operates in subjection, in the subalternization of gender bodies and dissident sexuality. In the end, I note that the unmotivated dispensation is structurally LGBTIfobic because it creates a regime of concealment and silencing of dissenting corporalities, since it allows an employer to dismiss some subjects without legal basis. I bet on law, suspiciously, trying to articulate an exit to think of this field as tactical in an attempt to find legal mechanisms in the minimization of LGBTIphobia in the arena of evidence, constitutional hermeneutics and rethinking of labor legal assumptions. For this, I propose an anti-homophobia and anti-LGBTIphobia act, starting from legal instruments such as they could be used tactically, from the point of view of the structures of the working relationship in Brazil.