A regulamentação do trabalho doméstico no Brasil e as mudanças promovidas pela Emenda Constitucional nº 72/2013

Abstract

The domestic employment relationship in Brazil has historically been guided by the undervaluation of individuals who carry out this kind of service, run mainly by women and girls, many of them belonging to disadvantaged communities, being particularly vulnerable to discrimination in respect of their conditions of employment and work. The fact is that domestic employees have always had fewer rights legally guaranteed than other categories of workers, mainly due to the attachment to the historical tradition of exclusion of this class. In 2013, seeking to amend the historical distortions secreting domestic employees from other workers, the National Congress approved Constitutional Amendment no. 72, extending to domestic employees rights that were previously ensured to urban and rural workers only. From the list of sixteen new rights ensured, nine became effective immediately and seven depended on legal regulation to take effect. Therefore, in June 2015, it was promulgated Complementary Law no. 150, with the scope of regulating domestic employment relationship, thereby granting full effectiveness to constitutional rights under the 2013 Amendment that still needed regulation