A invisibilidade do trabalho de cuidado no direito: uma análise sob a perspectiva feminista.

Abstract

The present research is intended to study care work and its effects and risks generated by women in the absence of legal norms and effective public policies that regulate reproductive work. To this end, the research methodology used consisted of bibliographic and documental research techniques, the deductive approach method and qualitative data analysis. Thus, the data obtained revealed the gender inequalities present in the world of work today, especially in the care work in which women are subjected. In addition, labor legislation is present in this perpetuation of inequality, increasing barriers in the process of promoting gender equality. In this sense, the theoretical reflections that cover this study about the conceptualization of work in Labor Law are based on the thought about care already studied by authors of the sociology of work and feminist economics and the foundations of the theory of Labor Law and of feminist legal theory. Despite the strength of the arguments raised, they are supported by the historicaldocumentary analysis of norms in labor legislation - specifically in the genesis of the Consolidation of Labor Laws (CLT), Law 5,859/1972, Federal Constitution of 1988 and Complementary Law 150/2015. Therefore, in view of the results achieved, it is concluded that the traditional model of jus-laborist norms and its conceptual bases distance the promotion of equality, since its basic categories, such as concept, working pattern and uses of time are marked by the perspective of gender. It is also concluded that there are possible ways to reformulate the scope of the Jus-Labour discipline, when considering care as a necessity for the proper functioning of social and economic well-being, a right provided for as a principle of human dignity and solidarity. In this aspect, there is a need for a paradigm shift in Labor Law, together with the State and society, so that care work is as valued as commercial work, given that these workers are in a vulnerable situation.