Licença-paternidade e a desigualdade de gênero: uma crítica acerca da distribuição do prazo sob a ótica do princípio de igualdade

Abstract

The present study aims at criticizing the distribution of the term of the paternity leave and discussing the possibility of matching this term with that of maternity leave. Firstly, an analysis will be made of the Brazilian constitutional order and the equality of rights between men and women, from the point of view of the principle of gender equality. For this, a historical analysis will also be carried out on maternity leave and paternity leave institutes in the legal system, as well as the compatibility of the legal treatment given to these licenses with the constitutional order. It will also discuss the evolution of the paternal role in the family and how the term of paternity, presently foreseen, acts as a factor of violation of the constitutional precepts, as well as corroborates with the reiteration of a patriarchal society. Lastly, through doctrinal and jurisprudential arguments, a match between the periods of maternity leave and paternity, from the point of view of the principle of equality, will be defended.