Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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

With reference to its previous direct requests, the Committee notes the information contained in the Government's report and the attached documentation.

1. The Committee notes the Government's statement that section 482, sole subsection, of the Labour Code is of no force in light of the Constitution of 1988. The Committee requests the Government to communicate a copy of the legislation which expressly repealed this section. The Committee also notes the Government's indication that the Chamber of Deputies is processing Bill No. 4783 of 1990 which, inter alia, repeals Act No. 7170 of 14 December 1983 defining crimes against national security. It requests the Government to provide information on the outcome of Bill No. 4783, including a copy of the text adopted.

2. The Committee notes the copies of orders from the Office of Regional Prosecutor of the Second Region, provided by the Public Labour Ministry, to investigate allegations of discrimination in employment and to pursue a cause of action against an employer charged with violating the provisions of Act No. 7437 of 20 December 1985, which prohibits discrimination based on prejudice concerning race, colour, sex or marital status, in access to training and employment. The Committee requests the Government to supply information on the enforcement activities of the appropriate body (the labour inspectorate, the Council for the Protection of Human Rights and the Department of Citizenship Matters) of Act No. 7437, together with statistical data indicating the number of claims specifically alleging discrimination based on any grounds, their investigation and outcome, as well as the penalties imposed.

3. The Committee notes with interest Draft Bill No. 1810/91 to amend Act No. 7716 of 5 January 1989 (concerning offences resulting from discrimination based on race or colour) to include as bases of discrimination, physical appearance, civil status, religion, political opinion, work or social condition. It requests the Government to provide information on the status of Bill No. 1810/91, as well as copies of any texts adopted and any implementing guidelines having a bearing on employment.