A legislação trabalhista brasileira à luz das recomendações internacionais sobre a discriminação de gênero

Abstract

The present monography aims to analyze the Brazilian labor law, focusing on the specifics laws about women, and highlight the limitations that this document still has to women in the labor force, whether through the existence of laws, or by their inexistence. Therefore, it is based on both national and worldwide history of women’s productive labor, nationally emphasizing the achievements and acquirements of women’s fight at the legislative sphere. The analysis shows four restrictions to the female worker: the restrictions by type of work generated by the article 390 of the Brazilian Labor Code; the absence of labor law about sexual harassment; the little labor protection to the sex workers due to the non-regulation of prostitution; and, lastly, the reproductive work still as a hindrance to the insertion and permanency of woman at the productive job market, due to the devaluation of domestic labor, remunerated or not, and the difficulty caused by the double burden. Faced to these restrictions, this monography searches at the international recommendations about gender discrimination of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and of the conventions written by International Labor Organization (ILO), legal background to the argument that there are restrictions to woman’s labor at the Brazilian job market. The used approach method is hypothetical-deductive, because this unites the experience generated by the intuitive method and the analysis of the deductive method. Therefore, it starts from the assumption that there are gender limitations in a document that already exists, the Brazilian Labor Code. Thereby, it gets to the conclusion that the Brazilian labor laws are already extremely forwarded and encompass much of the recommendations received from international bodies. However, practical and legislative changes are still needed to terminate the four gender discriminations founded at the Brazilian legislative sphere.