A mulher gestante e sua frágil condição frente às recentes mudanças na legislação trabalhista, Lei 13.467/17

Abstract

The present research is upon an approach about the pregnant and the lactating woman and their vulnerability on account of the labor reform, mainly in the conditions of insalubrity at the work context, which is a highly prejudicial factor to the working woman and her prole, having as an object to this research the woman's trajectory inside the labor context, her struggles and achievements and the reflexes of the current work legislation. The modifications from the Law nº 46.467/2017 negatively impacted the life and occupation health of actively working pregnant and lactating women. According to the reading from the articles 394-A and 611-A from the Consolidated Labor Laws, both received a new redaction in reference to the work of the pregnant and lactating woman in unhealthy environments. This thesis has as a goal to demonstrate that modifications to the legislation resulted in an undeniable social setback, since women's fundamental rights, as the right to health, work, protection, and maternity. The methodology used was the exploratory research through the bibliographic collection of data and the analysis upon the Law nº 16.467/2017 in consonance with the Federal Constitution of1988, the Consolidated Labor Laws and recent stances from the Supreme Federal Court, who also judged the Direct Action of Unconstitutionality (DAU 5938) declaring the unconstitutionality of the fragment of the labor reform who allowed the woman in lactating and pregnancy phase to work in unhealthy activities.