Racismo religioso laboral

em busca de uma hermenêutica jurídica antirracista no Direito do Trabalho

Abstract

This article critically examines a paradigmatic case of religious racism experienced by a university professor, a practitioner of Candomblé, at a private higher education institution in Olinda, Brazil. Based on a detailed analysis of the corresponding legal case, the study seeks to understand how religious racism manifests in the workplace and to assess the argumentative parameters employed by the judiciary when addressing this specific type of discrimination. The paper explores the reported offensive practices, the procedural handling of the case, and the reasoning underpinning the judicial decision, highlighting the absence of an explicit recognition of religious racism. The reflection emphasizes the ongoing subordination of Black and Afro-religious identities in labor relations. It advocates for a rethinking of Labor Law through an antiracist and intersectional hermeneutic, capable of acknowledging the plural identities of workers historically marginalized by racialized power structures. The study observes that even in positions of professional prestige, Black and Afro-religious individuals continue to face discrimination, with their experiences often silenced or treated generically by the justice system. The article concludes that the prevailing hermeneutic neutrality in judicial reasoning contributes to the reproduction of institutional racism, underscoring the urgent need for legal practices committed to racial and religious equity.