Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Brazil (Ratification: 1965)

The Committee notes the Government's report.

1. With reference to its previous comments concerning the sole subsection of section 482 of the Labour Code (the dismissal of a worker for the perpetration, duly proved by administrative inquiry, of acts endangering national security), the Committee notes the Government's statement to the effect that this provision, which is not applied in practice, will certainly be abolished since the Code is due to be revised. The Committee trusts that the Government will take the necessary measures to formally repeal the sole section of section 482 so as to remove all uncertainty concerning grounds for dismissal, and it hopes that it will informed of all progress achieved in this respect. The Committee once again requests the Government to inform it whether the Bill respecting the defence of the democratic State, which provides for the repeal of Act No. 7170 of 14 December 1983 defining crimes against national security, has yet been adopted.

2. The Committee notes the Government's indications that it has no information concerning the application of Act No. 7437 of 20 December 1985, which includes acts of discrimination based on prejudice concerning race, colour, sex or marital status, among other penal offences.

The Committee once again requests the Government to supply information on the practical application of Act No. 7437, particularly in respect of the cases that have resulted in the application of sections 7, 8 and 9 concerning penalties imposed for acts conflicting with the principle of the prohibition of discrimination in access to training and employment. The Committee would also be grateful to receive information on the activities of the Council for the Defence of Human Rights, and particularly the activities of the section set up to investigate disciminatory acts on any ground whatever.

3. The Committee notes the Government's statement that the project "Racial discrimination in the labour market" has been suspended. The Committee once again requests the Government to supply information on any progress made concerning the above subject and on any other measure that has been taken or is envisaged in order to implement the principle of equality set forth in the Convention.

4. The Committee notes with interest Act No. 7716 of 5 January 1989 respecting offences resulting from discrimination on grounds of race or colour and requests the Government to supply information on its practical application.