Gender mainstreaming and Labour Law: an hermeneuticunder construction or something else?

Abstract

The Gender mainstreaming’s study as a hermeneutical canon by the social order is an eminently casuistic institution, as will be seen, but it arises and is built in the sphere of equality between women and men. The study starts from a legal and doctrinal delimitation around this methodology to, immediately, trans­cending the resolved cases, identify the common guidelines used by the judges, especially by the Supreme Court, when applying it. Finally, from a critical pers­pective, an attempt will be made to answer some of the unknowns that accom­pany this new methodology, which revolve around the limits to the integrative function, judicial activism, and the role of the Constitutional Court. in all this.