Banca de DEFESA: JOLIA LUCENA DA ROCHA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : JOLIA LUCENA DA ROCHA
DATA : 22/08/2019
HORA: 15:30
LOCAL: UFRN - NÚCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

WOMEN AND LABOR LAW: Fundamental human rights and emancipation.

PALAVRAS-CHAVES:

Women. Work. Discrimination. Fundamental Rights. Emancipation.

PÁGINAS: 202
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

The study highlights the viewpoint of Brazilian Labor Law in relation to women and the
urgency of a new juridical-social conformation in the treatment of these conferred,
especially from the emancipation, by the application of fundamental human rights. In
addition to inciting the impropriety of categorizing them as the only existential
expression, as currently found in the scope of the pertinent legislation, it investigates the
contribution of patriarchal and slavist ideological inheritance in the oppression of
women within the same space as the object of study. As the tendency of the institutions
is to singularize women, conferring the notion of category, issues are analyzed as the
place destined for the aforementioned woman in the world of work, with emphasis on
domestic work as the embryo of subjection and its sexual division of work, emphasizing
the extrapolation of borders. In this background, the examination of Labor Law gains a
body, given that although thought of as being shed in the principle of protection to the
hypossficient, it is harmful, due to the structure of compensations, to workers in general,
irrespective of the gender that serves as an attribute. It is argued that if it is so as a rule,
it finds, said Law, in people who do not fit the masculine gender, what is the case of
women, peculiar interest, given the form of action of capitalism in relation to the
oppression of the human being in search of profit in the relations of Job. As for women,
it is observed that the false protection increased by patriarchal interests, for example,
gives them greater marginality. Herein, were identified situations that prove the
assertions, such as what was given about the prohibitions of night work and unhealthy
to the categorised figure of the woman (without scientific support to base difference of
treatment by gender); the emergence of legislative proposals such as homeschooling,
which, by oblique means, determines the return of the woman to the home; and yet, the
issue of lack of protection for dispensation without just cause as an evident cause of
harm in the working conditions of women. It was perceived, therefore, that only with
the particularized gaze conferred by human rights, it can be faced with ideological
standards already absorbed by the legislation and thus provide the emancipation of
women. It is suggested, thus, by the identification of Human Rights, the abandonment
of the idea recurrently taken by the labor law that the woman is always tied to
motherhood, going to confer treatment in accordance with women, while human beings
themselves, and, if motherhood is carried out, follow the protection of the unborn child
and children, a condition that will reach the woman peripherally because she cannot, of
course, unhitch herself from this condition to the employment contract. Only with the
multiple view on women, it is possible to structurally modify the behavior in relation to
the work relations of these. In the end, analyzed in this context, aspects that require a
new culture around the workers, such as sexual and moral harassment, discrimination
by motherhood, it is considered that without the appeal of constitutional optics, without
emancipation by human rights, only the law will be human, and women are far from
being established as such in integrality.

MEMBROS DA BANCA:
Presidente - 2177963 - BENTO HERCULANO DUARTE NETO
Interno - 3204015 - FABIANO ANDRE DE SOUZA MENDONCA
Externo à Instituição - JORGE CAVALCANTI BOUCINHAS FILHO - FGV
Interno - 010.069.614-70 - LEONARDO OLIVEIRA FREIRE - SESED