Antidiscriminação e pobreza: contribuições para o reconhecimento da pobreza como critério proibido de discriminação no direito brasileiro

Abstract

Brazilian law is fundamentally concerned with discrimination and poverty. However, it does not directly approach these issues. Notably, Brazilian anti-discrimination law does not expressly recognize poverty as a suspect class. In this scenario, this research aims to contribute to the recognition of poverty as a suspect class in Brazilian law; specifically, aims to present a way of achieving this recognition and to develop the content of poverty discrimination in Brazilian law. Through bibliographic and documentary review, the research is divided into three parts. The first analyses poverty as a complex phenomenon, in view of its historical determination, the contemporary debate on its monetary and multidimensional conceptions and its affirmation as a human rights issue, approaching to the right to non-discrimination. The second addresses the general prohibition of discrimination, the legal concept of discrimination and particularities of anti-discrimination laws, highlighting the perspective of anti-subordination and the case law of the IACHR. The third develops poverty as a suspect class and, especially, poverty discrimination in Brazilian law. The research defends the recognition of poverty as a specific suspect class from the constitutional opening to the recognition of new suspect classes, with an autonomous content and not restricted to existing criteria as "economic position" or "origin". In the end, the research develops the legal content of discrimination poverty in Brazilian law, presents its the concept, illustrates manifestations of direct and indirect, institutional, structural, and intersectional poverty discrimination.