Care as labour: a conceptualization of labour law based on gender

• Grant number: 16/18865-6
• Support Opportunities: Scholarships in Brazil - Doctorate
• Start date: January 01, 2017
• End date: August 12, 2018
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Homero Batista Mateus da Silva
• Grantee: Regina Stela Corrêa Vieira
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil
• Associated scholarship(s): 17/00743-4 - Labour, gender and care: interdisciplinary theoretical framework for analysis, BE.EP.DR

Abstract

The research analyses the exclusion of the category Care from the labour notions set forth in the Brazilian labour law and its role in creating barriers to women and men equality. Based on the observation of the existence of gender inequalities in the labour market nowadays and taking Care as a central nub to understand the exploitation and oppression relations to which women have constantly been subjected to, the proposal is to look at the labour law as an actor that interferes in this process, in a way that revisits its theoretical and fundamental categories, in order to test the hypothesis that the labour concept in labour law is masculine and exclusionary, increasing barriers to the process of promoting equality. From a gender perspective, the theoretical reflections on the labour law concept and their scope are based on the reflections of Care which have already been developed by the sociology of labour and feminist economics authors on the labour law theory and feminist legal theory fundamentals. The theoretical reflections, made in conjunction with a panorama about the insertion of Care and Care rights of the legal system, have empirical support in the historical and documentary analysis of the legislative process involving labour law rights related to Care - specifically the genesis of the Labour Code (CLT) and reform resulting from the enactment of the 1988 Brazilian Constitution - as well as in some interviews with women's and unions' movements and organizations which include Care on their mobilization agenda and articulate it with the growing demand for changes in the national legal framework.

Academic Publications

(References retrieved automatically from State of São Paulo Research Institutions)

VIEIRA, Regina Stela Corrêa. Care as labour: an interpellation of Labour Law from a gender perspective. 2018. Doctoral Thesis - Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) São Paulo.