Igualdade e não discriminação em função do sexo

: um estudo da jurisprudência do Tribunal de Justiça da União Europeia e portuguesa

Abstract

Despite its significant progress, it is still considered as an urgent challenge the commitment to fight the rooted cultural and persistent tendency of accepting gender inequality. This research aims to expose and understand the stand of the Court of Justice of the European Union (CJEU) and National Courts on matters regarding equality and non-discrimination based on sex. As the theme is quite broad, this work revolves around the analysis of the relevant and ongoing queries considered more relevant and recurrent in jurisprudence, addressing equal pay between women and men and equal treatment both in access to employment and professional advancement and in development of the employment relationship and positive action measures. The research is based on the decisions of the CJEU and the Portuguese courts on the previously mentioned issues. Through the collection and analysis of their various decisions on the subject, it is possible to know the position and understanding of the courts, as well as their evolution. It was found that equality and non-discrimination between women and men is, in fact, one ofthe objectives of the European Union (EU). The constantly updated legislation, the amendments to the Treaties and, above all, the creative and solid work of the CJEU in considering the preliminary questions raised by the Member States, contributed to a consistent consolidation of this principle and its application in the EU. In the internal domain, the Portuguese system for the protection of equal treatment between workers of both sexes is very complete and protective. However, contrary to what happens inthe scope of European Law and in National Law itself regarding other discriminatory factors, Portuguese jurisprudence remains scarce in terms of gender equality. Based on these results, we had the opportunity to observe that the CJEU has developed and built a relatively coherent base in the field of equality and non-discrimination based on sex, which should be understood as a fundamental and reference tool for national courts. Nevertheless, it was also concluded that, despite the existence of a comprehensive and protective national regulatory system, it is still not efficient and lacks effective enforcement in this area.

Date of Award	27 Jun 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Rita Andrade (Supervisor)