A discriminação da mulher no mercado de trabalho: a licença parental como agenda para igualdade de gênero

Abstract

From the times that go back to Ancient Greece to the present day it is possible to trace the history of women and to see that they have been, throughout history, conditioned to domestic and family services, with only the private spaces of the home. This position is in conflict with its full professional practice, a phenomenon intensified at the end of the eighteenth century, when industrialization and capitalism recognized their productive force. The entry of women into the labor market was not peaceful or egalitarian and several maternity protection laws were necessary to prevent women from being discriminated against and deprived of their employment due to their biological characteristics. However, mere regulation of rights does not guarantee equality between genders, since the protective legislation itself helps to maintain the sexual division of labor by reinforcing the discourse of maternal love, giving the woman 120 days of maternity leave while the father has only 5 days legally expected. Unequal distribution discourages active and responsible parenthood, as well as reinforcing the fact that women are in charge of domestic care, which is why they can not devote enough time to working life and, therefore, face discrimination in the labor market. In a state whose constitutional norm provides for equality of individuals and non-discrimination on grounds of sex, it is essential to develop policies to balance the situation, such as parental leave.