Wage inequality between gender: repair for property and moral damage to women

Abstract

The issue of wage inequality between genders consists of the act of remunerating men and women who perform the same functions with different salaries, having the gender issue as a determining factor for this distinction. This practice violates the provisions of article 7 of the Federal Constitution, which prohibits the difference in wages by sex, color, age or marital status, and also against article 5 of the Consolidation of Labor Laws, which guarantees equal wages, without distinction of gender, for works of equal value. In the context of contemporary society, it appears that despite the fact that equal pay between men and women is guaranteed by law, there is no effective supervision for its fulfillment. In this way, it is essential to analyze the principle of isonomy in order to provide legal protection to female work, aiming to break the structural machismo that lasts over time. Regarding the methodological aspects, a hermeneutic theoretical model is used, specifically through the sociological-legal aspect, the study has a deductive and explanatory character, for that, we proceeded to the description of the problem according to the points of view of several authors on the subject, as well as the identification of possible situations of application of material and moral damages in the event of salary discrepancy, in addition, we sought to contextualize the disparity of remuneration between genders to, in a second moment, investigate the possibilities of reparation through material and moral damage. In this way, we seek to shed light on the theme and pave the way for solutions to the problem discussed in order to honor the normative principles emanated by the Constitution of the Republic of 1988.