THE APPLICATION OF ADI 5938 BY THE 14TH REGIONAL LABOR COURT: PROTECTION OF PREGNANT WOMEN IN UNHEALTHY WORK ENVIRONMENTS

Abstract

Maternity protection in Brazilian Labor Law has gained new contours with the decision rendered by the Federal Supreme Court (STF) in ADI 5938/2019, which reaffirmed the automatic removal of pregnant workers from unhealthy working conditions. This article aims to analyze the application of this decision by the Regional Labor Court (TRT) of the 14th Region which covers Rondônia and Acre, assessing its effectiveness in ensuring the fundamental rights of pregnant workers. Regarding the methodology, the inductive method was used in the investigation phase; the Cartesian method in the data processing phase; and an inductive logical basis in reporting the results, employing techniques such as bibliographic review, case law analysis, and literature indexing. It is concluded that the TRT-14 uniformly applies the STF’s the TST understanding, ensuring the immediate removal of pregnant workers and the maintenance of their remuneration, thus contributing to the effective protection of the health of both the worker and the unborn child.