DIFFERENTIATED CHARGES FOR MEN AND WOMEN FOR NIGHTCLUBS TICKETS Marcela Guilherme Rosa

Abstract

This article addresses the differential charging for men and women when entering nightclubs, based on technical note No. 2/2017/GAB-DPDC/DPDC/SENACON, which provides for the illegality of price differentiation based on gender.

In addition, it sought to bring the most relevant principles, such as the principle of human dignity, the principle of equality, the principle of equality in hiring, and the principle of free enterprise and free competition. To this end, it discusses whether the practice carried out by the establishments violates any of the principles mentioned above and whether the application of the differential charge can be considered an abusive or discriminatory practice. Furthermore, it presents the position of the case law to date, in order to verify whether such a charge can be accepted in our legal system without violating any principle or whether this charge should be banned from our customs.

Finally, this work includes two appendices that demonstrate that the establishments do in fact make this price differentiation based solely and exclusively on gender.