| Resumo: |
The main objective of this thesis is to analyze the reception or non-reception of Article 384 of the Consolidation of the Labor Laws by the Federal Constitution of 1988. The Constitution of 1988, in Article 5, I, set the equality of men and women in rights and obligations. On the other hand, article 384 of the Consolidation of the Labor Laws provides a rest of fifteen (15) minutes, only to women, before the overtime. Based on the study of the principle of equality, elapsing through the historical evolution and protection rules related to the work performed by women and the current Brazilian constitutionality control system, we come to the specific analysis of the compatibility or not of Article 384 of the Consolidation of Labor Laws with the present Federal Constitution. The purpose of this study is to deepen the discussion on the scope of the principle of gender equality nowadays regarding the change of women’s social role since 1943 (the year of approval of the Consolidation of the Labor Laws), putting in question the validity or not of women’s protective job rules, in particular Article 384 of the onsolidation of the Labor Laws |
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