A estabilidade da gestante no contrato de experiencia

Abstract

The guarantees for the protection of working women are subjects of discussion and repercussions both in the legal and the social environment. This effect, often negative, generates the opposite effect to that which the legislator or constitutional infra try to apply the standard. One of the most controversial is the guarantee stability for the employee who is pregnant during the employment contract. As we will see in this work, the right of women has evolved gradually and reached with the Federal Constitution of 1988 status in relation to the equality of man, but equal is never full and the rules designed to benefit the woman ended up act to the detriment of the latter. In this scenario fits the stability for the pregnant woman, which should be focused with looks and social nature of continuity of the species but ends up being treated as an instrument of misfortune and curtailment of women's work. Despite the growing number of women who currently work in the labor market, there are obvious pockets of discrimination on women's work that stand out from job and wage differentials by refusal to hire. One of the predominant reasons for such differentiation is the question of guarantees that the law gives a woman employed, among these, the job security for pregnant women, which compares with some humanist conceptions of capitalism. This study aims to bring a more social focus the question of stability of women and the environment not protectionist Precedent 244 of the Superior Labor Court and the jurisprudential and doctrinal understandings that gave rise to it, seeking not only demonstrate his apparently discriminatory but also demonstrate viability of this stability in the contract due to the experience of the same character synallagmatic