Judicial review

the judiciary’s performance before the law 14,151/2021 that removed pregnant women from in-person work during the pandemic

Abstract

The COVID-19 pandemic brought the need to reconfigure the world of work, in order to adapt it to the new needs arising from the health crisis, without the total stoppage of work activities. Among the legislated alternatives, the Law 14,151/2021 imposed the immediate removal of pregnant women from face-to-face activities, without prejudice to their remuneration. In view of the various gaps left by this rule, the Judiciary was provoked to review certain points. Thus, at first, emergency laws are analyzed to contextualize the urgency of creating protections for the working class in the face of the pandemic. Then, through a bibliographic-documentary survey, judicial decisions were gathered that debate the effects of Law 14,151/2021 and, later, the solutions brought by Law 14,311/2022. Therefore, through the analytical-argumentative methodology, the positions of the Judiciary are demonstrated in face of the applicability of the new legislation. Finally, the judicial review institute is debated within the context of crisis jurisprudence created due to the pandemic.