Licença-maternidade e o Projeto de Lei n.° 6.136/2023: Limites entre a proteção e a desproteção da mulher no mercado de trabalho

Abstract

This article focuses on evaluating the possible impacts of extending maternity leave, as proposed by Bill n. 6.136/2023, on women’s retention in the labor market. It takes a comparative approach, examining the duration of maternity leave and its legal implications in relation to the legislation of ten countries with a high Human Development Index (HDI). The research was conducted through a literature review and comparative analysis, utilizing international conventions, national legislation, and scientific articles addressing maternity and women's protection. The study suggests that the proposed extension of maternity leave may, in some cases, reinforce gender stereotypes and discourage the hiring of women, counteracting the intention of promoting their inclusion in the workforce. This research is significant in understanding the challenges that maternity leave expansion might present, not only as progress in defending women’s rights but also concerning possible negative effects, such as increased discrimination in hiring women of childbearing age. Although the Bill represents an advance in maternity protection, it raises concerns about its long-term impact on women’s integration into the workforce. International experiences indicate that flexible policies and economic incentives are more effective in promoting equal opportunities. It is essential that maternity leave be discussed within a broader context, aiming for gender equity and ensuring that maternal protections do not create barriers to women’s careers.