Abstract

LOUREIRO, Carlos Gabriel da Silva. Liberdade contratual e discriminação em função do sexo: a Lei nº 14/2008. Tékhne [online]. 2010, n.13, pp.241-255. ISSN 1645-9911.

This paper describes the Private Law rules included in Law n.º 14/2008, analysing their impact on the freedom of contract, as well as their compliance with Directive 2004/113/CE (the latter being transposed into the Portuguese Law by the first). The legal solutions provided to prevent discrimination based on sex, before and after a transaction takes place, are separately assessed. The foundations of the law and the need of such private autonomy restrictions through infra-constitutional statutory law are also briefly analysed.

Keywords : Freedom of contract; Private discrimination; Sex discrimination; Private autonomy; Fundamental Rights.

        · abstract in Portuguese     · text in Portuguese     · Portuguese ( pdf )