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Article 394-A of the CLT, added by Law 13,287 of 11 May 2016, brought protection to the working environment for pregnant and breastfeeding women, prohibiting them from working in an unhealthy environment. However, the question arises as to whether this measure, which undoubtedly protects the health of women and babies, would be detrimental in relation to labour issues, such as the payment or not of the respective bonus, relocation during the gestational period and breastfeeding, and whether it would lead to discrimination when hiring. The issue remains controversial with the advent of the so-called labour reform, which has again altered the text of the recently added rule, the reasons for disagreement also covering whether the new wording is constitutional and whether it represents a step backwards in the conquest of social rights for women.
About the author
Karine Carla de Freitas Pereira has a bachelor's degree in Law from Braz Cubas University, graduating in 2018. In 2016, during her degree, she was a trainee at the Regional Electoral Court in Mogi das Cruzes-SP, after passing a selection process. In 2015, she completed a Mediation and Conciliation training course at the Brazilian Centre for Legal Studies and Research.
