A lei Maria da Penha e suas repercussões no contrato de trabalho da mulher vítima de violência doméstica e familiar

Abstract

As a result of the struggle of the feminist movement and international pressure for a positive State action arises Law No. 11.340 / 2006, better known as “Maria da Penha Law”. From the acknowledgment of domestic violence as a form of gender-based violence that affects women of all races, ages and social classes, emerges an innovative legislation, aimed not only to the criminal prosecution of the offender, but also to the care and protection of the victim. Impunity and delays that hovered over the few cases of domestic or family violence that came to be reported, united to patriarchal and sexist foundations that historically built the Brazilian society and culture, were causing fear and submission to reign in the homes of countless families. Seeking to give effect to the constitutional provision establishing the state's duty to create mechanisms to suppress violence within the family relations and give effect to existing international obligations, the Maria da Penha Law has determinations that go beyond the criminal sphere, focusing on the civil, administrative and labour levels. Among it's predictions involving the field of labour law there is the little known and applied art.9º, § 2, II, which guarantees to women victims of domestic or family violence to maintain her employment contract for six months when she needs to be away from their work place. Such protection of the victim's employment contract is controverse in many ways: the power to determinate the application of the measure; the requirements for granting; the legal nature of the departure; and the responsibility of the employer or the Social Security Agency for the victim's support while she is not working. The need for regulation is clear, otherwise it can make the woman vulnerable not only as a victim of domestic or family violence, but also as a worker.