Licença-maternidade e substituição efetiva das assessoras jurídicas

Abstract

This research analyzes the intersection between the right to maternity leave and the efficiency of judicial service delivery in the public sector, with a focus on the Court of Justice of the State of Acre (TJAC). From a legal, administrative, and intersectional perspective, it investigates how maternity—a social right guaranteed by national and international legal frameworks, such as the 1988 Federal Constitution, the CEDAW (1979), and CNJ Resolutions No. 219/2016, No. 255/2018, and No. 553/2024—is experienced by female public servants holding commissioned positions in legal advisory roles, highlighting structural gaps that perpetuate gender inequalities. The study is based on recent empirical data: between 2022 and 2023, fifteen TJAC employees took 180 days of legally mandated maternity leave, totaling 2,700 days. The lack of effective temporary replacement mechanisms, combined with team overload and a shortage of human resources, compromises the continuity of judicial services and reinforces narratives that naturalize motherhood as an obstacle to women’s career advancement. These barriers are intensified in the Amazonian context, characterized by budgetary constraints, geographic distances, and persistent institutional practices shaped by patriarchal and centralized logics. Grounded in the theoretical contributions of Nancy Fraser, Simone de Beauvoir, Martha Nussbaum, Bell Hooks, Salete Maria da Silva, and Cristina Scheibe Wolff, the research articulates dimensions of redistribution, recognition, and representation, framing motherhood as a locus of symbolic, social, and economic inequality. It recognizes that the reality of Amazonian women, many emerging from historically invisible contexts, requires public policies that go beyond mere normative provisions, incorporating concrete mechanisms of institutional support. In this sense, the EWÃ Project is proposed as a model of humanized management to be integrated into the normative and administrative acts of the Court of Justice of the State of Acre (TJAC), aiming to ensure the protection of maternity rights without compromising the efficiency of judicial services. It is based on the 1988 Federal Constitution, the CEDAW Convention (1979), and CNJ Resolutions No. 219/2016, No. 255/2018, and No. 553/2024, which establish guidelines for gender equity, redistribution of the workforce, and temporary replacement of employees on maternity leave. The project encompasses administrative actions focused on management, structured into: (i) resolutions; (ii) normative instructions; (iii) managerial documents; (iv) a talent bank for temporary replacements; (v) flexibility and adaptation in the return-to-work process; (vi) specialized psychological support; (vii) training for managers on equitable leadership; and (viii) continuous monitoring of the measures adopted. Aligned with the United Nations Sustainable Development Goals, particularly SDG 5 – Gender Equality, the EWÃ Project seeks to harmonize the social right to maternity with institutional productivity demands, establishing it as a structural pillar of an inclusive, efficient justice system committed to human rights. Thus, this dissertation aims to contribute to the field of legal feminism and gender-focused public management by providing both theoretical and practical resources to ensure that maternity rights are effectively protected and integrated into the organizational logic of the judiciary, breaking the historical grammar of invisibility that has long marked the experiences of women in the Amazon.