A proteção ao trabalho da mulher e seu impacto adverso: reflexos da divisão sexual do trabalho

Abstract

The dissertation examines the existing inequalities between women and men in the Brazilian labor market, with a focus on the role of the legal framework as an agent that contributes to and interferes in this process. The topic is relevant as gender equality remains a significant challenge to be addressed in the country, particularly in the realm of work relations. Through statistics and data from official sources, it is observed that women's participation in the labor market is still lower than that of men, despite having seen an increase in recent decades. Additionally, women face a higher unemployment rate. Despite having higher levels of education compared to men, female workers continue to receive lower wages and tend to predominantly occupy less qualified, poorly paid, and/or informal positions. In order to understand the imbalances experienced by women, the research initially addresses the issue of the social construction of gender and the concept of gender itself. Subsequently, the concept of the sexual division of labor is contextualized, exploring how historically assigned roles stereotype women and affect their availability of time for paid work, leading to discrimination and impacting their entry, retention, and progression in the labor market. It is evident that, despite advances and equality promotion measures adopted by the legal framework, especially after the Federal Constitution of 1988, the legislation has contributed to further distancing and hindering women's participation in the labor market, in a phenomenon known as the "adverse impact" of protective norms. The research is qualitative and employs a deductive method, utilizing bibliographical and documentary research on the subject.