A compatibilização da maternidade com o trabalho da mulher frente ao princípio constitucional da igualdade

Abstract

The issue of equality, even after formally and materially assecured by the Brazilian Constitution, still calls for effectiveness. Regarding to evenness between genders, the disparity is striking, especially when it comes to employment opportunity, maintenance and remuneration. The first known sex division of labor has related housework to the woman and public life to the man, which resulted on a higher status of the latter, as he was the landlord and responsible for politic decisions. This situation has changed especially after the Industrial Revolution and the need of female labor in factories. The woman then began to occupy a space once reserved strictly to the man, starting to question her inferiority and to fight for equal rights. The first labor laws were aimed at the protection of the woman's work, which eventually limited her even more, later going on to a stage of promotion. Despite legislative developments, the current factual reality is still far from achieving the juridical reality. Most efficient mechanisms shall be created to level the sexes and to adequate labor rules in general, so that both genders can combine labor with family responsabilities.