A divisão sexual do trabalho em um contexto jurídico: análise dos impactos da pandemia da covid-19 sob a perspectiva do gênero

Abstract

Focusing on the social phenomenon of the sexual division of labor, a result of the discrimination between genders that historically and culturally permeates the context of human relations, the research emphasizes on the labor rights of women in order to, finally, analyze this trajectory in the face of social changes, such as the pandemic of COVID-19. Furthermore, given the theme, it seeks to answer the following problem: how does the sexual division of labor function as an auxiliary element in the maintenance of structural inequalities that impose vulnerability to women? In this sense, through the historical-comparative, deductive, and both qualitative and quantitative methodology, documentary and statistical research techniques were used to analyze the problem, having as a goal the investigation of the social and juridical plan surrounding the theme in question. In order to do so, the research is initially carried out in a social, historical, cultural, and political analysis, investigating the social clothing that presents relevance in the observation of the theme, and then develop the relationship between the material source (historical substrate) and the creation and evolution of labor law, as well as its constitutionalization. Furthermore, given the relevance of the historical analysis for the observance of the current impacts, the research starts to develop in face of the current layout of the legal labor field, exposing principles, rules, and collective bargaining of Labor Law in order to make a parallel between concrete situations and what is actually legislated or agreed upon, finally arriving at the specific analysis of the COVID-19 phenomenon as an element of change in labor relations and its main impacts on the life of female workers, as a result of the sexual division of labor. In the scope of the COVID-19 pandemic, such inequalities were only deepened, since, according to the data collected, women were the ones who suffered most from unemployment. Therefore, the institutes of Labor Law deserve an application based on equity, since women workers, as a representative minority, must receive treatment proportional to their inequality, in order to overcome formal equality.