(Re)thinking about the Purpose and Effectiveness of Paternity Leave in Labor Justice

Abstract

This article analyzes the effectiveness of the paternity leave and its extension, operated in the light of the constitutional principles of human dignity and isonomy, and based on the Brazilian labor legal order. A constitutional approach to the prerogative in question is adopted. The study also addresses the issue of gender equality in the labor market and the relationship between this equality and the need to extend the paternity leave in Brazil in order to allow a better distribution of duties and reconciliation rights between family activities and the work. Therefore, the paternity leave, its regulation and the possibility of its extension are analyzed, seeking, in consonance with the teleological nature of the norms, to enable the family to live together and care for the child. Also analyzed, in general, the legislation that established the paternity leave in Brazil, for effective equality between women and men. However, the differentiation regarding the term of concession in relation to the maternity leave still faces difficulties of application in the contemporary scenario, in which the family relations are dynamic, which leads to the necessity of the debate as to the purpose of the institute, to induce The construction of an effective legislation, which meets the social and constitutional longings, in the Brazilian justrabalhista order. Therefore, it will be used doctrinal and jurisprudential positions as a way to find other alternatives, in addition to emphasizing the importance of recognizing social rights, make them effective. In this way, the study reflects on the importance of extending the paternity leave, in light of the promotional function of contemporary law, in the labor court.