Equidade de gênero nas relações empregatícias: o trajeto das licenças maternidade e paternidade no Brasil

Abstract

This article discusses the possible contributions of the equalization of time granted to paternity leave and maternity leave in employment relationships. Constitutional and labor law legislation was analyzed from the perspective of gender equality, observing the historical evolution in the granting of maternity and paternity leave aimed at the participation of women in the labor market. The method of deductive approach was chosen with a qualitative and analytical research in a critical way of the object of study, with the aid of the historical procedure method, being studied the evolution, similarities and differences between legislations, jurisprudence in society. Thus, during the study, results were verified, which represented a greater insertion of women in the labor market, in professional and financial growth, in the security of employment bonds and stability. Here, it is necessary to register that both parents and/or adoptive parents are responsible for the realization of the fundamental right to the protection of childhood. Finally, the projects and jurisprudence studied bring a perspective of what has been happening in Brazil, related to paternity leave and the possible benefits brought to equality between men and women. It is well known that the disproportionality between the period of maternity leave and the period of paternity leave must not be maintained. That said, it is clear that in Brazil there is already happening, albeit slowly, an evolution in legislative projects and jurisprudence, as well as a gain in the laws already in force, which grants opportunities for changes in the medium and long term.