ENTRE LEIS E VINCULOS AFETIVOS: DESAFIOS E POSSIBILIDADE DA MÃE SOCIAL

Abstract

The present study aims to critically analyze Law No. 7,644/87, responsible for regulating the work of social mothers in Brazil, in order to verify its effectiveness in protecting these professionals in light of the social and legal transformations that occurred after the promulgation of the 1988 Federal Constitution. It seeks to examine the rights ensured by this legislation, establishing a comparison with those guaranteed to workers governed by the Consolidation of Labor Laws (CLT), as well as evaluating its compliance with fundamental constitutional principles, such as human dignity, the social value of labor, and equality. The adopted methodology consists of qualitative research, with a bibliographic and documentary approach, based on the analysis of doctrine, current legislation, and pertinent jurisprudence. The results indicate that Law No. 7,644/87 presents significant gaps, especially regarding the protection of the working conditions of social mothers, evidencing weaknesses in its practical application. Furthermore, it was found that within shelter institutions, demands are often imposed that exceed legal limits, resulting in work overload and insufficient institutional support. It is concluded, therefore, that there is a need for revision and update of the aforementioned legislation, as well as the strengthening of inspection mechanisms, in order to guarantee the effectiveness of these professionals' rights and their adequacy to current constitutional precepts.