Dress code e aparência: o poder diretivo do empregador e a desigualdade de gênero

Abstract

This study sought to analyze the legal limits of an employer's managerial authority regarding the regulation of appearance in the workplace, focusing on the protection of women and the promotion of substantive equality. It proceeds from the understanding that dress codes and aesthetic requirements are not neutral elements; rather, they can function as mechanisms of symbolic control and the reproduction of gender inequalities. The study examines the compatibility of these practices with fundamental rights—specifically human dignity, equality, non-discrimination, and personality rights—in light of the Federal Constitution and Brazilian labor law. Methodologically, the study employs a literature review involving a systematic analysis of legal doctrine, scientific articles, legal norms, and institutional documents relevant to labor law and gender issues. A deductive method is used, moving from general constitutional principles to the analysis of specific situations involving the exercise of managerial authority and the imposition of appearance standards. The research demonstrates that, although the legal system grants employers the right to establish internal rules, this prerogative faces clear legal limits when it results in direct or indirect discriminatory effects. It concludes that the legitimacy of appearance regulations depends on adherence to the principles of reasonableness, proportionality, and substantive equality.