Equiparação da licença - maternidade e paternidade: efetividade da igualdade de gênero no mercado de trabalho

Abstract

This article aims to explore the equivalence of maternity leave and paternity leave, whose combination would result in the so-called parental leave, expanding, in the sphere of labor law, female employability. Initially, an analysis of the family model and the division of labor between genders will be carried out, resulting from the problematization evidenced. After this first moment, the institutes present today will be presented, as well as their extension to the new parenting paradigms. As a consequence of the differences presented between the licenses, it is intended to elucidate the offense to human rights, when human dignity is characterized, and the grievance to the constitutional principles of equality and full protection for children and adolescents. Finally, it lists the theme of equalizing maternity and paternity leave in labor relations, exploring the application of parental leave in foreign countries and presenting the legislative proposals underway in the country. It is concluded, therefore, that the application of parental leave would assist in the realization of family power, in a fair and equal way among parents, as well as helping to eliminate prejudices regarding the productive function of women, due to their reproductive nature.