LEGAL RECOGNITION OF INTERSECTIONALITY AS A BRAZILIAN CONSTITUTIONAL PRINCIPLE

The objective of this study is to indicate the need of recognizing intersectionality as a Brazilian constitutional principle, admitting that it is already present in the constitutional text in article 3, section IV, as a fundamental objective of the Republic. It seeks legal recognition of the potential of intersectionality beyond a critical social theory and an analytical category, but as an anti-discriminatory right expressed by a constitutional principle. The problem is that under the hegemony of financial capital, the State acts as a financialized State of Law and of Unconstitutional Things, in which the law is at the service of the market and against labor, generally violating the human rights of the heterogeneous and vulnerable working class due to their markers of gender, race, class, sexuality, ethnicity, nationality, among others. The methodology is based on the deductive method, in addition to legal hermeneutics and bibliographic and documentary review to survey and analyze data from the STF, PL nº 12/2024, data from Brazilian Center for Analysis and Planning - CEBRAP, and data from Inter-Union Department of Statistics and Socioeconomic Studies - DIEESE, starting from Critical Theories of Race, the State and the Right to understand the situation of structural subordination that creates Brazilian society. The results indicate three findings: a) STF recent positions have repeatedly denied the validity of constitutionally guaranteed labor rights; b) Bill No. 12/2024 violates labor rights and promotes racial and class oppression against app workers; and c) the situation of women in the Brazilian labor market reveals the continuity of their subordination due to race, gender and class.