The Right to Maternity: Legal Guarantees for Women

If you are here it is because you are interested in The Right to Maternity: Legal Guarantees for Women. In Brazil there are laws that guarantee this!

Motherhood is a special period in a woman's life, full of challenges and joys.

In Brazil, several legal rights have been established to protect and ensure the physical, emotional and professional integrity of women during pregnancy, childbirth and postpartum.

Find out everything about: The Right to Maternity: Legal Guarantees for Women.

Let's explore some of the laws that support the right to motherhood.

1. Job Stability:

Article 10, item II, paragraph “b” of the Transitional Constitutional Provisions Act (ADCT) guarantees job stability from confirmation of pregnancy until five months after childbirth.

This stability is essential to ensure that women are not fired without cause during this crucial period.

2. Maternity Leave:

Maternity leave is a fundamental right, established by article 7, item XVIII, of the Federal Constitution.

Currently, workers are entitled to 120 days of leave, which can be extended in cases of prematurity, for example.

3. Breastfeeding Breaks:

A woman who returns to work after maternity leave has the right to two breaks of half an hour each, during the working day, to breastfeed her child until he is six months old, in accordance with article 396 of the CLT.

4. Medical Assistance Guarantee:

During the pregnancy period, women have the right to medical assistance, guaranteed by article 196 of the Federal Constitution.

This assistance must be provided by the employer, including in the case of domestic workers.

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5. Protection of Pregnant Women in Unhealthy Activities:

Law 13,467/2017 amended the CLT to prohibit pregnant women from working in activities considered unhealthy, unless the company provides a medical certificate authorizing it.

This measure aims to protect the health of the mother and baby.

6. Support for Breastfeeding:

Breastfeeding is protected by law. Article 227 of the Federal Constitution and Law 11,108/2005 guarantee the right to breastfeed in public and private places without any restrictions.

It is essential that women are aware of their rights during motherhood and that society and companies respect these standards.

Ensuring a favorable environment for motherhood not only strengthens family ties, but also contributes to the construction of a more just and egalitarian society.

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