LICENÇA PARENTAL E RELAÇÕES DE GÊNERO: POSSIBILIDADE DE INSERÇÃO DO INSTITUTO NO ORDENAMENTO JURÍDICO BRASILEIRO

Abstract

This paper investigates the possibility of instituting a parental leave in the Brazilian legal system, using as a parameter of analysis the changes that have occurred in society regarding the gender roles played in the domestic environment, where the woman is no longer considered the sole responsible for the care of children and the father has a more effective presence. This is a theoretical research, using the hermeneutic method of analysis and the techniques of bibliographic and documental research, focusing on the analysis of the legislation and jurisprudence pertinent to the theme. The study indicates that the current regulation of maternity and paternity leaves is based on an archaic and outdated family and social structure, so that its maintenance implies the perpetuation of gender stereotypes and inequalities. Thus, legislative changes in these institutes would serve to meet the new trends in the field of family responsibilities. The adoption of parental leave is suggested, based on the experience of other countries, on the bills already in Congress and on the benefits evidenced in several studies, indicating some provisions that should be present in the institute, in order to enforce fundamental rights to the entire family nucleus.