A MATERNIDADE FRENTE ÀS LEIS TRABALHISTAS NO BRASIL: O TRABALHO MATERNO DIGNO E A ESTABILIDADE GRAVÍDICA, UMA ANÁLISE DOS TEMAS DE REPERCUSSÃO GERAL N.⁰ 497 E 542 DO STF

Abstract

This work addresses maternity in relation to labor laws in Brazil, retracing a historical analysis of the female struggle for labor rights, with milestones from the Industrial Revolution to the Federal Constitution of 1988, highlighting the rights achieved by women, mainly legal protection for maternity and labor dignity. The objective of the research is to demonstrate that this trajectory resulted in norms that attempt to protect women's dignity and motherhood. Pregnancy causes a state of vulnerability in women, who feel insecure about being fired discriminatorily. Therefore, this research explains the rules that will protect motherhood and the best interests of the newborn, covering the protection of the connection between mother and child. With this, the study addressed the importance of EBF (Exclusive Breastfeeding), a practice recommended by the World Health Organization (WHO) and which has been gaining prominence as it is a beneficial condition for the child and the mother, deserving a special look from the Brazilian legal system, which seeks to implement norms that help pregnant and breastfeeding women, from discriminatory farewells, a theme that has been reinforced by the Federal Supreme Court, considering provisional stability as a fundamental right, including in different contractual regimes, as is evident in the Themes of General Repercussion nº 497 and 542. This research was carried out qualitatively, as well as bibliographically. Furthermore, the method used was hypothetical-deductive, as well as the analysis of the jurisprudence of the Federal Supreme Court.