BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

However, this historical progress lasted until 1937, when President Getúlio Vargas staged a coup d’état (supported by militaries) arguing a communist infiltration was about to take place in Brazil and granted the new Constitution, a fascist one. Therefore, there was a constitutional setback, and again, there was only formal equality under the law in Brazil. 31 In 1934, Brazil created the first infra-constitutional law regarding labour (the Consolidation of Labour Laws), an important contribution to diminishing social inequalities in labour relations, guaranteeing a series of unprecedented rights to Brazilian workers. Among those, the workers’ entitlements included working regular hours, minimum wage, and statutory leave; therefore, they were important tools to achieve equality in labour relations. In 1945, when Brazilian soldiers returned from the World War II, after defeating the “Axis” and their fascist and Nazi ideas, a new national movement arose in Brazil, aiming at creating a National Constituent Assembly to legislate a new constitution. Thus, Brazil promulgated its fifth constitution in 1946, containing formal equality under the law, which represented a slight contribution to equality, considering the prohibition of any advertisement containing biased ideas against race or social status. 32 Brazil signed the United Nations Universal Declaration of Human Rights in 1948, committed to joining freedom and equality, prohibiting any discrimination. That same year, Brazil ratified the Convention on the Prevention and Punishment of the Crime of Genocide, compromised at fighting intolerance regarding origin, ethnicity, race, or religion. 33 An intense social and political collapse happened in Brazil at the beginning of the 1960s, resulting in the 1964 military coup that revoked the current constitution. Military dictatorship installed in Brazil and lasted for a long period, marked by repression, censorship and human rights violation. Paradoxically, that same year Brazil signed the “Discrimination (Employment and Occupation) Convention” (No. 111), by the International Labour Organization, aimed at combating against all types of labour discrimination. The sixth Brazilian constitution dates from 1967, after three years of military government, containing power centralisation to the Military President. It diminished one self ’s autonomy and permitted the suspension of the constitutional rights. However, it reassured formal equality under the law, 34 banning discrimination concerning gender, 31 Article 122. The Constitution assures all Brazilians and foreign residents the rights of freedom, individual security and property, as follows: Paragraph 2. Everyone is equal under the law. BRASIL. Constituição Federal de 1937 . Available at: http://www.planalto.gov.br/ccivil_03/constituicao/constituicao37.htm. 32 Article 141. The Constitution assures all Brazilians and foreign residents the inviolability of rights of life, freedom, individual security and property, as follows: Paragraph 1. Everyone is equal under the law. […] Paragraph 5. It shall not be tolerated propaganda involving war, violent acts to subvert the social and the political order, or of discrimination against race or social class. BRASIL. Constituição Federal de 1946 . Available at: http://www.planalto.gov.br/ccivil_03/constituicao/constituicao46.htm. 33 PIOVESAN, F. Ações Afirmativas da Perspectiva dos Direitos Humanos. Cadernos de Pesquisa , v. 35, n. 124, jan./abr. 2005, p. 45. 34 Article 150. The Constitution assures all Brazilians and foreign residents the inviolability of rights of life, freedom, security and property, as follows: Paragraph 1. Everyone is equal under the law without social class, wealth, religious creed or political views. BRASIL. Constituição Federal de 1824 . Available at: http://www.planalto.gov.br/ccivil_03/constituicao/constituicao24.htm.

143