The requirement for genetic mapping and the principle of non-discrimination in labor relations: analysis of Bill No. 1,137/2022 Mery Elen da Silva Scalia Carvalho

Abstract

Background: Technological and medical science progress has made it possible, through genetic mapping, to discover relevant information about the biological ancestry, metabolism, and susceptibilities of each individual. Problem: In Brazil, there is still a regulatory gap regarding the possibility of processing genetic data in the context of labor relations, which can result in situations of abuse and illegality. Objectives: Given this scenario, this article aims to discuss the collision of fundamental rights verified in the hypothesis, address theoretical and pragmatic aspects of the right to non-discrimination in labor genetics, as well as analyze Bill No. 1,137/2022, which aims to regulate the subject. Methods: This is a qualitative research, with an explanatory and exploratory purpose. Data collection took place through a bibliographic and documentary survey and the method of analysis was narrative review. Results: Any restrictions on the exercise of the rights that underpin the protection of workers’ genetic data can be rationally identified by applying the proportionality technique (analysis of adequacy, necessity and proportionality in the strict sense). Conclusions: It was found that, in exceptional situations, it may be admissible for employers to have access to the genetic status of their employees and job applicants, provided that a legitimate purpose is demonstrated. However, there is a risk that the employer’s economic interest may encourage discriminatory behavior in the search for “genetically ideal” employees. Therefore, Bill No. 1,137/2022, which aims to regulate the matter, although it can still be improved, will represent a major advance in the protection of workers’ human rights.