O dever do estado de promoção à igualdade de gênero

Abstract

This dissertation examines the state's duty to promote gender equality. So, are considered fundamental rights to equality, privacy, dignity and free sex determination. In this context, sexual freedom is inserted as bias of human rights. Are also focused on work relevant aspects that enable the realization of these rights, especially with regard to sexual self-determination. The focus of the research, however, is not guaranteed in the abstract provided in the Constitution, but the manner of implementation of these fundamental rights by the State , with a focus on achievement, either by public policy, the judicial remedies, or even by various normative instruments that may become law harmless from doubts and ratify an environment conducive to settling these rights. In the Brazilian democratic constitutional state, are in continuous relationship fundamental human rights, democracy and constitutional jurisdiction, boosting the normative force of individual rights (and social), as well as participatory citizenship and vindicatory. The singularities of the fundamental right to gender equality, with various warranties hereunder, state duties provided, recognized and progressiveness give it full effect, enforceability and preference in collisions of principles. Precedents of the Supreme Court and Superior Court are analyzed, revealing the weights used to achieve the right to equality. So, are studied the contribution of the Judiciary in the pacification of conflicts and the role of the executive branch through the implementation of public policies that drive the process of realization of gender equality, because even though there are still situations, which effectively demanding a legislative solution more forceful and incisive, always in search of normative force growing in the text magnum and future prospects of maximizing fulfills the State Constitutional promote achievement .