A indenização pelo período estabilitário gestacional: premissas para identificação de condutas abusivas

Abstract

The intention of the present work is to stimulate the debate, by operators of the law, about the acknowledgment of abusive conducts related to work guarantee due to pregnancy, especially by the pregnant employee in case of claim of indemnification related to the period of such work guarantee. That is because it is not possible to admit that the protection principle rules alone on labor law context. There are other principles that should also be considered, jointly, when labor law is applied, between them the reasonability principle and the good faith principle. It is also important to note the purpose behind any law and to interpret the law wording in observance to the constitutional orders. In order to do that, we based this work on the national law, specialized doctrine and case analysis, through case law. We verified that the good faith principle is applicable even after the termination of the employment agreement, so that it is unjustified the inaction of the pregnant employee throughout the period of work guarantee due to pregnancy, preventing her from work reinstatement, and subsequent claim for pure and simple indemnification.