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LA LIBERTAD DE EMPRESA Y LA NO DISCRIMINACIÓN

In an analysis of Argentine law, the paper talks about the scope and limits of the exercise of constitutional law to the private economic enterprise against the principle of non-discrimination in labor relations. In order to do so, it investigates the leading case "Sisnero, Mirtha Graciela and others" versus "Taldeva SRL y otros" and pragmatically highlights the constitutional and conventional normative force on legal relations between individuals. To this end, it addresses the relationship between equality and non-discrimination, the irradiation of the effects of 'non-discrimination' on horizontal legal relationships, the consideration of reverse discrimination as a measure of equity and the position of free initiative in collision with other rights, according tothe jurisprudence of Argentina. Finally, it notes that the dissemination of fundamental rights in all areas of the legal system also includes the dissemination of a principle of justice required by the constitutional State of Law.



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Keywords: Freedom of business; Discrimination; Work relationships.

ISSN: 2526-9488

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EOI/DOI: https://doi.org/10.21708/issn2


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