O TRABALHO DA MULHER E A PROTEÇÃO LEGAL CONTRA DISCRIMINAÇÕES NO MERCADO DE TRABALHO BRASILEIRO DA MINERAÇÃO

Abstract

This study analyzed the legal protection of women's work in the mining sector, based on the principles of human dignity and gender equality provided for in the 1988 Federal Constitution. The study considered women of the biological female sex, whose trajectory was marked by multiple journeys and historical exclusions. The objective was to verify the effectiveness of constitutional and infra-constitutional norms in overcoming discriminatory practices in a traditionally masculinized work environment. As a theoretical framework, the understanding of J. J. Gomes Canotilho was adopted, who defined human dignity as a structuring principle of the Constitutional State, imposing on the State the duty to respect, protect and promote fundamental rights. The deductive method was used, with a qualitative approach and bibliographic and documentary research. The analysis was based on constitutional provisions and international human rights treaties, seeking to understand the limits and normative advances in addressing gender inequality in the mining sector. It was concluded that, despite the existence of robust legal foundations, the gap between norms and reality persisted, making it necessary to adopt inclusive policies and constitutional interpretations committed to social transformation.