A autorização legal permitindo o trabalho da gestante e lactante em ambiente insalubre: (in)compatibilidade com as normas constitucionais e internacionais de proteção ao trabalho da mulher?

Abstract

The objective of this study is to demonstrate that women are inserted in a work environment that is influenced by a patriarchal society and that this influence has an effect on labor standards related to women, specifically pregnant and lactating women, who continue to work in unhealthy places after Law 13467/1207, except in the case of a certified statement recommending otherwise. Thus, an analysis will be made of the additional unhealthiness and how Brazil follows the characteristic about monetarization of the health of the worker to the detriment of a balanced work environment. In this way, a reading of Article 394-A, II and III of the CLT will be made based on the principles and constitutional norms and international treaties ratified by Brazil on workers' health and a balanced working environment. This work uses the dialectical method, which presupposes the debate between the thesis, antithesis and synthesis. Thus, the thesis that is the (in) constitutionality and / or (in) conventionality of CLT Article 394-A, II and III and antithesis are the constitutional principles of labor protection and ILO International Conventions ratified by Brazil, finally, the synthesis is the conclusion that will be realized by the work. The present work aims to analyze the (in) constitutionality and / or (in) conventionality of Article 394-A of the CLT, in view of the legal rights protected, such as health, work environment and maternity, for example.