The defense of workers with family responsabilities in the brazilian legal system: reflections in the light of constitucional law and international standards.

• Grant number: 24/12811-8
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: February 01, 2025
• End date: January 31, 2026
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Daniel Damasio Borges
• Grantee: Isabela Maria Valente Capato
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

Family responsabilities can constitute an important barrier to acessing the job market, restricting employment options and limiting the ability to generate income, causing consequences that harm workers and society as a whole. This is an issue that especially affects women, due to the configurations of the sexual division of labor, and, in a country as socially diverse as Brazil, it tends to be intersected by other social vulnerabilities. In recent years, this perspective has been addressed by international provisions aimed at promoting decent work and co-responsibility for social care activities, with emphasis on the International Covenant of Rights Economic, Social and Cultural Rights of 1966, and Convention No. 156 and Recommendation No. 165 of the ILO. Therefore, this research, of an exploratory nature and using the deductive method, aims to analyze Brazilian legislation, as well as the jurisprudence of the Federal Supreme Court (STF) and the Superior Labor Court (TST), in order to investigate the protection mechanisms and promoting equal treatment and opportunities for workers with family responsibilities adopted by Brazilian Law, seeking to verify the degree of correspondence between these and those proposed by international legislation that deals with theme.