A proteção do trabalho da mulher e o art. 384 da Consolidação das Leis do Trabalho

Abstract

Current study focus on the reception of art 384 of Labor Law Constitution that determines at least 15 minutes break before starting over time journey, according to 1988 Carta Magna (exclusively for women) which is a Federal Regulation to protect the women’s protection when under their professional activities. Study presents woman labor historic and protection legislation start-up (national and international). It studies and checks three primary doctrinal theories: 1) Positivist: It defends the legal law article and its appliance only for women. 2) Negativist: It defends that article 184 was not accepted and incorporated by the 1988 National Labor Laws. 3) Ampliative: Expands all women´s rights to the man. Currently study also describes the most important decisions of Tribunal Superior do Trabalho (Higher Employment Tribunal) and Supremo Tribunal Federal (Higher Federal Court) as well as the Tribunais Regionais do Trabalho (Regional Employment Courts) decisions. It mentions different and actual jurisprudences. It finalizes by demonstrating the difficulties to make sure all the rules and regulations are properly fulfilled in the current society as well as possible consequences of maintaining the rule of law