The Adoption of Anti-Discrimination
Judicial Protocols and Their Repercussions in Labor Law Procedure
Name: LAÍS LOMAR DE OLIVEIRA
Publication date: 06/05/2026
Examining board:
Name |
Role |
|---|---|
| CLAUDIO IANNOTTI DA ROCHA | Presidente |
| RAIMUNDO SIMÃO DE MELO | Examinador Externo |
| VALESCA RAIZER BORGES MOSCHEN | Examinador Interno |
Summary: This research analyzes the operability of the Protocol for Judging with a Gender Perspective,
the Protocol for Acting and Judging with an Anti-Discriminatory, Intersectional and Inclusive
Perspective, and the Protocol for Judging with a Racial Perspective in Labor Procedure, in
accordance with the research area: Justice, Procedure and Constitution. These documents are
grouped under the expression “anti-discriminatory judicial protocols,” which were necessarily
produced after Brazil was condemned by the Inter-American Court of Human Rights in the case
Barbosa de Souza et al. v. Brazil. In that case, the structural violence embedded in the national
justice system became evident, a problem that is consistent with the research line: Justice
Systems, Constitutionality, and the Protection of Individual and Collective Rights. In this
context, the protocols seek to bring impartiality to judicial decisions, as a means of advancing
substantive equality. The concepts of impartiality and substantive equality take on specific
contours in substantive labor law and labor procedure due to the protective principle. This
principle is the reason for the existence of Labor Courts, which must position themselves in
favor of the worker, protecting them. However, this protection is being lost due to the increasing
submission of Labor Procedure to the dogmas of neutrality, rationality, and universality. This
is a problem that distances the judge from the worker and makes invisible the oppression to
which they are subjected, causing Labor Courts to distance themselves from what justified their
creation. Considering this scenario, the research problem consists of understanding how anti
discrimination judicial protocols operate in Labor Procedure. The hypothesis is that the
protocols have the important potential to reaffirm and remind us of the principle of protection
in Labor Procedure. The protocols can go further and serve as a springboard for the protection
not only of class-related vulnerabilities, but also of gender, race, sexuality, age, etc., expanding
the principle. The methodology adopts a qualitative approach, based on bibliographical review,
documentary analysis, and predominantly deductive reasoning grounded in the proposed
hypothesis, with descriptive and exploratory purposes. The bibliographical material includes
articles, books, book chapters, theses, dissertations, and judicial decisions. The review of this
material serves as a guide for situating the anti-discriminatory initiative of the protocols and for
identifying the different procedural strategies capable of reducing inequalities. This research
contributes to the theoretical and procedural advancement of the fight against discrimination
and to the humanization of Labor Procedure.
