A objeção de consciência nas relações de trabalho e empregopossibilidade e condições para o seu exercício no Brasil
Bibliographic record
Abstract
This thesis aimed to ascertain whether conscientious objection can be exercised in a legally supported manner in view of obligations required by the employer or service client in the context of Brazilian labor and employment relations, and, if so, what are the conditions for this to be possible.To achieve this purpose, the present study analyzed the literature, legislation, and case law on the subject, both Brazilian and foreign.As a starting point, it adopted the hypothesis that conscientious objection constitutes a prima facie non-specific labor right because, hypothetically, it corresponds to a human and fundamental right that can be enjoyed in the world of work but which requires the fulfillment of certain conditions in order to be legitimately exercised.After the development of the research, the hypothesis was confirmed.We reached the conclusion that the right to conscientious objection can be enjoyed within the scope of labor and employment relations, provided that the provision of alternative benefits to the worker does not cause a disproportionate burden to those who have the duty to provide it.The results achieved, however, went further, as the studies demonstrated that it was possible to extract from the Brazilian legal system the existence of a duty to reasonably accommodate the manifestations resulting from the worker's exercise of freedom of conscience and belief unless this accommodation involves undue difficulties.In this regard, the studies revealed the connection between conscientious objection and reasonable accommodation, leading to the conclusion that both rights honor several Brazilian constitutional values by prohibiting discrimination and strictly providing for workers of different convictions or beliefs human and fundamental rights to equal opportunities with other people.Despite this, the results also showed that these rights could be difficult to enforce, especially given the prerogatives service clients and employers enjoy, being concluded that the express recognition of the duty of reasonable accommodation, in accordance with American and Canadian legislation, may be a first step in making them effective in Brazil.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.004 | 0.004 |
| Meta-epidemiology (narrow) | 0.002 | 0.002 |
| Meta-epidemiology (broad) | 0.002 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.005 | 0.000 |
| Scholarly communication | 0.001 | 0.001 |
| Open science | 0.002 | 0.000 |
| Research integrity | 0.006 | 0.007 |
| Insufficient payload (model declined to judge) | 0.001 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; both teacher heads agree on what is shown here.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".