Date of Award

5-10-2026

Date Published

June 2026

Degree Type

Dissertation

Degree Name

Doctor of Philosophy (PhD)

Department

Juridical Science

Advisor(s)

Antonio Gidi

Keywords

class actions;employment discrimination;structural reform;systemic discrimination

Subject Categories

Business | Labor Relations

Abstract

This dissertation explores class actions against systemic employment discrimination in the United States and Brazil, adopting a collective perspective that strengthens the enforcement of rights. The study also examines whether affirmative action can be implemented as a remedy without dividing groups or triggering resistance in political scenarios unfavorable to inclusive and diverse work environments. The focus is on institutional responses addressing structures of discrimination through procedural tools that advance reforms and prevent setbacks. The dissertation develops a political and legal theoretical background of collective rights, identifying unequal structures in society and pathways for reform, and examining employers’ authority, labor segmentation, and workers’ voice. This part serves as guidance for interpretation, while respecting the political choices that shapes rights within legal orders. The study then turns to concrete legal protections against systemic employment discrimination and the procedural instruments of law enforcement. It addresses international and regional instruments of human rights and complaints before international bodies. The analysis shifts to the United States and Brazil, discussing the interpretation of legal provisions addressing systemic employment discrimination and class actions, as well as affirmative actions in workplaces and structural litigation. The final part of the dissertation presents case analysis from the United States and Brazil, with the limited purpose of illustrating barriers and possible pathways to reach the full protection of the law. The study aims to fill a scholarly gap in research connecting systemic discrimination and class actions in both legal systems, particularly from the perspective of ensuring protection in adverse political and legal environments.

Access

Open Access

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