BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

Women and men are now equal regarding rights and obligations, with articles that contain protection to women’s labour market, through specific incentives regulated by infra-constitutional laws. Furthermore, there is a clear positive discrimination rule regarding women’s retirement in the 1988 Constitution: in public or private labour market, they retire five years earlier than men do, and their contribution period is shorter than the one to men. 39 4. The Contextualization of Gender Affirmative Action Measures’ in Brazil To understand the development of the first gender affirmative action measures in Brazil it is necessary to know some peculiar aspects regarding the reality in Brazil compared to other countries. The measures to achieve full equality between women and men are not easy to implement, even though the 1988 Constitution created actions to build a fair and equal society. A study published in 2011, 40 supported by UN Women, showed that women are 44% of workers in Brazil. However, they still receive a lower salary than men do, regardless their qualification or work hours. Numbers are astonishing. For example, in 2008, Afro-Brazilian women income was R$ 383,00; Afro-men gained R$ 583,00; white women received R$742, and white men made R$1.181. 41 Even women in high positions suffer from biased actions, especially in politics. 42 Even though the country had its first female president, in 2011, it does not mean gender equality is not a problem in Brazil. Statistics show that, between the years 2006 and 2009, only 29% of women got leadership positions in organisations. Regarding politics, the Legislative Branch has the most visible difference between men and women. In 2010, the Senate had 85,19% of men, and they were 91,23% of the Chamber of Deputies. Brazil’s Supreme Court also shows discrimination, because only three women have been the Judges in the Judiciary Branch’s history. 4.1 The history of Brazilian Women’s Equality Brazilian women are discriminated not only in social aspects but also in politics and legal aspects. They occupy less important jobs and secondary functions, compared to the 39 The articles 5, I; 7, XX; 40, III, a and b, and 201, §7º, I and II, all from 1988 Constitution, contain different equality forms between men and women, with a new system of positive discrimination toward women. BRASIL. Constituição Federal de 1988 . Available at: http://www.planalto.gov.br/ccivil_03/ constituicao/constituicaocompilado.htm. (English version at http://www.stf.jus.br/repositorio/cms/ portalStfInternacional/portalStfSobreCorte_en_us/anexo/Constitution_2013.pdf). 40 BRASTED, L. L.; PITANGUY, Jacqueline (Org.). O Progresso das Mulheres no Brasil 2003–2010 . Rio de Janeiro: CEPIA; Brasília: ONU Mulheres, 2011. 41 BRUSCHINI, C.; LOMBARDI, M. R.; MERCADO, C. M.; RICOLDI, A. Trabalho, Renda e Políticas Sociais: Avanços e Desafios. BRASTED, L. L.; PITANGUY, J. (Org.). O Progresso das Mulheres no Brasil 2003–2010 . Rio de Janeiro: CEPIA; Brasília: ONU Mulheres, 2011, p. 165-166. 42 ARAÚJO, C. As Mulheres e o Poder Político – Desafios para a Democracia nas Próximas Décadas. BRASTED, L. L.; PITANGUY, J. (Org.). O Progresso das Mulheres no Brasil 2003–2010 . Rio de Janeiro: CEPIA; Brasília: ONU Mulheres, 2011, p. 91-92.

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