Reforma trabalhista e insalubridade no ambiente laboral de gestantes e lactantes: uma análise do art. 394-a da CLT sob a perspectiva da Constituição Federal de 1988

Abstract

This exposure aims to analyze the repercussions on the maternity protection system promoted by the amendment of article 394-A of the Consolidation of Labor Laws by Law 13467/17 (Labor Reform), which provides for the permission of labor of pregnant and lactating women in unhealthy environments. Therefore, the sociological aspects related to the gestational and lactational periods, as well as the contours of the insalubrity and the potential of its harm to the human organism during such periods, are demonstrated. Having this in perspective, art. 394-A of the CLT is explored from the point of view of the vertical and horizontal application of the fundamental rights of the workers.To achieve the established purpose, the deductive methodology is applied, using the qualitative research of the doctrinal bibliography, jurisprudence and legislation related to the subject. In a conclusive aspect to the study, it is evident that art. 394-A of the Consolidation of Labor Laws is tainted with a vice of unconstitutionality because it is opposed to the fundamentality of constitutional rights based on the dignity of the human person.