Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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

Further to its previous direct requests, the Committee notes the statistics contained in the Government's report. It regrets that the Government has not supplied the information requested on a number of points.

1. With regard to section 482 of the Labour Code (the dismissal of a worker in respect of whom it has been duly established by administrative inquiry that he has committed acts which prejudice national security), the Committee noted previously that this provision had been tacitly repealed by the enactment of the 1988 Constitution. It recalls that by explicitly repealing this provision it would be possible to dispel any uncertainty as to the grounds of dismissal and that the Government had expressed the intention of doing so. The Committee requests the Government to report the measures which have been taken or are envisaged in this respect. The Government also stated previously that the Chamber of Deputies was examining Bill No. 4783 of 1990 which, inter alia, repeals Act No. 7170 of 14 December 1983 defining crimes against national security. It once again requests the Government to keep it informed of the current situation as regards this Bill and to supply a copy of the text when it has been adopted.

2. With regard to monitoring the application of Act No. 7437 of 20 December 1985, which prohibits discrimination on grounds of race, colour, sex or marital status in respect of access to training and employment and establishes criminal penalties in this respect, the Committee notes the difficulties referred to by the Government and the measures adopted to resolve them (see point 4 of its observation). In particular, the Committee refers to the establishment of the National Labour Council and to the Government's statement that cases of discrimination are dealt with by a special unit set up under that Council. It hopes that the activities of this tripartite body will result in the greater effectiveness of the labour inspection services in the field covered by the Convention and that they will ensure the effective application of the relevant legal provisions. The Committee requests the Government to supply information on the complaints made concerning discrimination, the inquiries carried out on the cases which are reported and the application of the penal sanctions set out in the law.

3. The Committee recalls that 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 grounds of discrimination, physical appearance, marital status, religion, political opinion, occupational activity, social and work status, had been submitted to the National Congress. The Committee once again requests the Government to supply information on the current situation as regards Bill No. 1810/91 and to supply copies of all texts adopted and the directives issued thereunder which relate to employment.

4. The Committee notes the statistics supplied by the Government concerning the distribution of men and women workers in the public sector. It requests the Government to supply statistics in its next report on the distribution of men and women workers in the various jobs and levels of responsibility.

5. The Committee would be grateful if the Government would also supply information in its next report on any measures which have been taken to effectively promote equality of opportunity and treatment, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin, and the results obtained, particularly with regard to access to vocational training.