IMPACTS OF LABOR REFORM FOR PREGNANT AND NURSING WOMEN

Abstract

This study will analyze the protection of pregnant and breastfeeding women in unhealthy activities. In this sense, the aim is to understand the unhealthy environment, the work of pregnant and lactating women in these places before the reform and post-reform, and, finally, to analyze which grounds led to the unconstitutionality of part of the sections of article 394 - A of the CLT, and also the judgment of ADI 5,938 in the STF, which questioned the point of the labor reform that admitted the possibility of pregnant and lactating women workers carrying out activities in unhealthy places, except for certain specific conditions. To this end, deductive research was carried out, through bibliographical reviews, study of jurisprudence, laws and documents that discuss the subject, seeking perceptions and understandings about the general nature of the objectives of this work. It was found that the change in art. 394 - The CLT is unconstitutional, as it violates several articles of the Brazilian Magna Carta, in addition to the principle that prohibits social regression.