As consequências da reforma trabalhista na contratação de empregadas gestantes submetidas a agentes insalubres: dignidade versus garantia de emprego

Abstract

The aim of this article is to study the current situation of pregnant women as employed in situations of exposure to unhealthy activities. Given that the situation mentioned is quite risky and endangers the health of their pregnancy as well as the maintenance of it in the labor market or, even more important, the possible non-hiring due to their pregnancy status. According to the situation addressed, it is worth emphasizing the issues that the Labor Reform brought to the topic, in its initial approach. When the article 394-A of the Consolidation of Labor Laws is analyzed, this discussion becomes evident in the sense that the regression to the norm and the parameters of fundamental rights is increasingly present. The study of ADIN's (Direct Action of Unconstitutionality), when used as cause study, shows the break of the setback that the Reformation brought to this topic. In addition, it evidences that the need for this norm to be changed quickly is priority today. The comparison made between the consequences and the precipitations that the maintenance and insistence on the new wording of the norm bring to the rights listed in the Federal Constitution, seriously offend its principles, cannot be left out. When it is in the norm, whatever the impasse that puts the Magna Carta in doubt, it should be considered immediately unconstitutional. Through all the discussions, Cautelar appeared to the detriment of the already constituted ADIN, as will be mentioned over the article, whose rapporteur was the Minister Alexandre de Moraes and judged by the National Confederation of Metallurgical Workers, where the current guise of this is the norm when it comes to the exposure of pregnant women to risk situations in unhealthy activities that are clearly exposed.