Da possibilidade de concessão de licença-paternidade nos moldes da licença-maternidade ao pai nos casos de falecimento ou incapacidade da mãe.

Abstract

In ancient times it was up only to women the role of caring for the offspring. The constant changes in family institutions over the years apart that retrograde idea of woman as the only one able to exercise motherhood. The Federal Constitution of 1988 states that incubate the parents responsibility covering the duty / right to educate their children, so the constituent allocated to a different family protection, including whether this protection motherhood. Throughout this period of maternity, current legislation ensures to women rights such as employment stability, as well as a break from the work subject to his salary, the so-called maternity leave and maternity pay. His father had also been sheltered one paternity leave period, but tiny in relation to the mother. It is clear, therefore the State's concern for the welfare of the newborn. Despite his father have a affective duty of utmost importance is known to State preference to give greater protection to women in order physiological factors such as pregnancy and breastfeeding; giving them a much larger period of leave. The recent Law 12.873 / 2013 regulated the feasibility enjoyment of maternity leave by the surviving spouse or partner, but is silent on cases that although the mother alive, but by virtue of pregnancy, will trigger a physical and / or mental illness , being unable to achieve the good care of the newborn.