REGULAMENTAÇÃO LEGAL DA LIBERDADE RELIGIOSA DOS SABATISTAS EM ÂMBITO LABORAL

Abstract

Religious freedom focused on only one religious group is nothing more than veiled intolerance, in this sense, this paper aims to expose the situation of sabbatists, a minority belief in Brazil, in their work environment, as well as reflect on the responsibility of the Brazilian State in the protection of religious individuals regardless of what their belief is. To do so, the hypothetical-deductive method was used to verify whether the hypothesis to solve the central problem of the work (regulation of alternative benefits to sabbatical workers) is adequate or not. The comparative legal method was used to analyze laws that already regulate alternative benefits in other areas of life. The research verified that in order to achieve equality of material goods and to guarantee the dignity of the human being, it is necessary to make a reasonable accommodation for sabbatical workers, without placing an excessive burden on the employer. In this way, an agreement between the parties would be the most interesting way, that is, only in the impossibility of a consensual resolution should the law regulating alternative benefits be applied in order to avoid discrimination for reasons of belief in the work environment. Thus, one may conclude that, since the employee is the most vulnerable party in the employment relationship, it is necessary to enact a law that regulates alternative benefits under the terms of art. 5, item VIII, of CRFB/88.