Incidence of the Principle of Wage Equality in the Judgment and Labor Specialized Judgment of the Superior Court of Justice of Freedom in the Year 2015

Abstract

This article seeks analyze the Principle of Equal Pay in the judgments of the labor judges of the Superior Court of Liberty, in 2015; the issue of analyzing the impact of principle judgments addressed, taking into account three different aspects: a) the conceptual problems; b) the legal reasoning; c) the perception of the law enforcement of the principle of equal pay. The importance is to demonstrate the importance of the principle of equal pay, to solve labor disputes where demand remunerative difference in situation of equal conditions or circumstances, making the absence of rules or law of development of pay equity. the methodology used is based on case analysis, taking into account judgments decide applying the principle of equal pay, thus solving the conflict of interest; also to measure the perception of the law enforcement agents, the survey was used, through the respective of questions, the work came to the final conclusion that the principle supplements the regulatory vacuum solving labor disputes with sense of justice whichever into account the provisions of the doctrine and jurisprudence casatoria, filling content expression of the principle of pay equity: equal pay equal work. This conclusion is reached taking into account the following findings: a) the absence of legal rule governing the principle of equal pay; b) the doctrine and jurisprudence have certain objective criteria comparison work, filling content at this end; c) labor judgments of the Superior Court of Liberty, are demanding objective comparison criterion, the formality that must follow the difference remunerative. Finally some aspects that the standard should consider in order to regulate the principle of equal pay adequately proposed.