Proteção da Mulher: Direito Individual e Social à Igualdade de Condições no Mercado de Trabalho e ao Direito à Maternidade

Abstract

The role of women in Brazilian society has undergone significant changes throughout history. Their integration and participation in the labor market were marked by inequalities in relation to men’s work, including various forms of exploitation and discrimination, as long working hours, lower wages than men, higher unemployment and discrimination related to maternity. Despite the growing trend of female labor and the adoption of the principle of equality by Federal Constitution of 1988, the statistics still indicate significant differences in opportunities and wages. This article aimed to perform, from the Brazilian legislation, an overview of the current condition of women’s work in Brazil, especially in relation to maternity protection. Concludes that the right to maternity inserted in the constitutional role of fundamental social rights protects, apart from pregnant women, the unborn child as well, thus expanding the range of its legal guarantee.