MATERNITY LEAVE IN THE CONTEXT OF PROGRAMA EMPRESA CIDADÃ: AN ANALYSIS FOCUSED ON THE EFFECTIVENESS OF THE EXPANSION OF MATERNITY PROTECTION

• Grant number: 25/05590-8
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: September 01, 2025
• End date: August 31, 2026
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Victor Hugo de Almeida
• Grantee: Vinicius Mota Corrêa de Souza
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

Labor Law, as a normative field aimed at protecting the vulnerability inherent in various labor relations, seeks to ensure the appropriate conditions for the development of work activities, directly relating to factual reality. In this regard, there are challenges regarding the materialization of the social rights protected by labor laws. In light of Article 5 of the Federal Constitution, caput, and Article 7, item XVIII, Law No. 11,770/2008 was enacted, extending maternity leave for an additional sixty days for pregnant employees. Given the impossibility of maintaining the maternity salary benefit by the state beyond the 120 days established by the constitutional text, the Empresa Cidadã Program was created with the aim of promoting the voluntary adhesion of companies to the extension of maternity leave, establishing a policy of extrafiscal tax incentives in the context of women's rights. Despite the apparent positive aspect of the legislation, the various criteria imposed for adherence may prevent most companies operating in Brazil from enrolling in the program. This study seeks to analyze the protection provided to maternity under the Empresa Cidadã Program, established by Law No. 11,770/2008, by examining its legal criteria and socio-legal barriers, as well as alternative proposals currently under discussion in the National Congress. The study also aims to identify the most frequent conflicts arising from this social program and how they have been addressed by the Regional Labor Court of the 15th Region. The research methods used include bibliographic, documentary, and jurisprudential research, with a deductive and inductive approach. It is expected that the results of this study will reaffirm the importance of maternity leave and contribute to expanding access to the Empresa Cidadã Program.