Banca de DEFESA: ALYANE ALMEIDA DE ARAUJO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : ALYANE ALMEIDA DE ARAUJO
DATA : 16/03/2017
HORA: 16:30
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

PROTECTION OF THE WOMEN LABOR MARKET THROUGH FAMILIAL CORRESPONSABILITY: The ILO international system as an integrative source of constitutional guarantee

PALAVRAS-CHAVES:

Protection of women’s labor market; Family co-responsibility; International legal standards.

PÁGINAS: 320
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

Equality between women and men in the labor market, although assured by national and international standards, has not been fully achieved. According to data from the ILO and the IBGE, women have lower wages, higher unemployment, greater occupation in the informal market, lower representation in higher hierarchical levels and greater work hours in unpaid work. The high number of hours that women devote to unpaid care work is considered as the greatest impediment to full professional equality and is in disrepair of the Brazilian Constitution, which also states that it is the duty of the family, society and the State to responsibility for childcare and old age (article 227 and 230, CRFB). Concomitant to this, the constitutional norm that provides for the protection of the labor market of women through specific incentives is pending regulation (Article 7, XX, CRFB). Based on the qualitative and quantitative empirical study of the Collective Subject Discourse method in samples of applied questionnaires, the obtained results show that the Brazilian legislation is insufficient to allow the reconciliation between workers' family and professional life. Then, using the prospective-documentary techniques in the international system of the ILO and interpretative-argumentative in doctrinal sources of the new constitutional hermeneutics, the study demonstrates that, as long as the omission unconstitutional is not supplied by the Legislative Branch through the approval of Projects nº. 4.857/09, nº 6.653/09 and nº 136/11, by the Judicial Branch through the treatment of unconstitutional omissions and by the Executive Branch together with the Legislative through ratification of ILO Conventions nº. 156 on Equal Treatment for Workers and Workers with Responsibilities Relatives; and 183, on Maternity Protection (Revised), the international standards of ILO Recommendations nº. 165 and nº. 191 can be used as integrative sources of absence of a constitutional guarantee regulatory rule, which, in the event of implementation by the decision rule or collective bargaining, will cause: a) changes in the legal treatment of the employment contracts of workers and workers with family responsibilities; b) positive impact on the economic growth of the country; and c) the realization of "Family Co-responsibility", whose concept corresponds to the responsibility between the woman and the man, through the redistribution of unpaid care work, between them and the State, through public services of childcare and old age, and between all and the company, through the adaptation of working conditions.

 

MEMBROS DA BANCA:
Externo ao Programa - 1475558 - LORE FORTES
Presidente - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO
Externo à Instituição - MARIA ÁUREA BARONI CECATO - UNIPÊ