The president, Luiz Inácio Lula da Silva, signed a bill today (March 8) to equalise pay between men and women who perform equivalent jobs. Yet, the Federal Constitution contains some provisions that ensure equality, such as the Consolidation of Labor Laws (CLT). Para especialistas, falta fiscalização para que essas exigências sejam postas em prática.

A especialista em Direito do Trabalho, Marcia Sanz Burmann, sócia do escritório Autuori Burmann Sociedade de Advogados, destaca que o artigo 5º da Constituição estabelece que “homens e mulheres são iguais em direitos e obrigações”, ao passo que o 7º proíbe “diferença de salários, de exercício de funções e de critério de admissão por motivo de sexo, idade, cor ou estado civil”.

Furthermore, it is generally assumed that equal pay should be paid for equal work.

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Workforce reform
The 2017 Labor Reform Act also included penalties for discrimination on the basis of gender or ethnicity. Aside from the payment of owed salary differentials, a 50% bonus is applied in favour of the employee. But, fiscalization is insufficient for Marcia.

Insper economist Juliana Inhaz Kessler claims that only specific cases are penalised:

— Punishments are few… only in cases where workers leave because they are injured and go to court. And we know that our scope is still insufficient to account for so many cases. A much stronger fiscalization is required.

According to the economist, financial incentives to businesses that are truly committed to gender equality could produce results.

An Organizaço Internacional do Trabalho (OIT) study on the importance of salary transparency legislation, published in September of last year, revealed that, on average, women earn 20% less than men.

Despite the fact that research has not determined the importance of education, work time, occupational segregation, skills, and abilities,

Experience has a role in the disparities, demonstrating that a large part of the wage disparity is due to gender discrimination.

Brazil has not signed the OIT Convention.
Hildete Pereira de Melo, an economist at the Universidade Federal Fluminense who has studied gender and labour for over 30 years, recalls that Brazil has yet to sign the OIT Convention 156 on equal opportunities and treatment for workers of both sexes.

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