The discrimination mean the legal impact of the introduction of differences regarding the rights of individuals, aimed at constraining the use of fundamental rights and freedoms of victims of acts of discrimination. But the existence of discrimination is about proving use criteria applicable to such acts, criteria that are found in legislation limiting regulated. Thus, over Community law, the national system is possible assessment of those by the court, in relation to breach of the principle of legal equality of the participants in the legal circuit. Expanding national assessment arrangements made as apparently neutral practices affecting an individual, not based on the criteria expressly provided in can cause discriminatory effects. However, it can only consider as discriminatory practices aimed at restricting, removing the recognition, enjoyment or exercise of fundamental human rights and freedoms.
Article detailing the factual indirect discrimination against individualperson, apparently neutral, given the existence of an employment relationship involving subordination, reported at discrimination modalities as incitement to discrimination, multiple facts and victimization. On the other hand, the existence of such acts of discrimination is indicated in the article by presenting a case study.