Considerações acerca do caráter promocional e protetivo das normas que tutelam o direito do trabalho da mulher

Abstract

This paper aims to analyze the special legislation for the protection of women's work, considering a constitutional and infra-constitutional approach, while paying attention to the constituent pretensions in asserting a promotional and protective nature of the norms aimed at women workers. With this, it seeks, mainly, to find out whether the normative diplomas should be useful, in the sense of discussing the urgency of legal norms that protect these labor rights, for the realization of the fundamental social right to decent work for women. In this perspective, a historical evolution of the insertion of women in the labor market and the emergence of laws aimed at the protection of female workers will be traced, plus the exposure of some data that portray the minority presence of women in working environments today, for then, understanding the differentiated constitutional approach to women, with a promotional and protective character, and the education of infra-constitutional devices, with emphasis on the specific chapter on women, present in the CLT, for the realization of the fundamental social right to work for the female population. The methodology used was bibliographical research, using theses, articles and publications in specialized journals, in addition to the analysis of legislation and jurisprudence.