A controvérsia sobre o pedido de demissão da gestante: uma análise sobre a aplicação do art. 500 na jurisprudência do Tribunal Regional do Trabalho da 7ª região

Abstract

This study analyzes the controversy surrounding the resignation request of a pregnant employee and the application of Article 500 of the Consolidation of Labor Laws (CLT) in the Regional Labor Court of the 7th Region. The maternity stability, guaranteed by Article 10, Section II, Item "b" of the Transitional Constitutional Provisions Act (ADCT), ensures that the employee cannot be dismissed arbitrarily from the confirmation of pregnancy until five months after childbirth. However, questions arise regarding whether this stability can be waived through the resignation request and the mandatory nature of union homologation in this context. The study addresses the historical evolution of maternity protection in Brazil, the different types of contract termination, and the jurisprudential divergence regarding the need for union assistance in the pregnant employee's resignation request. The methodology adopted is mixed, qualitative, and quantitative, including bibliographical review, documentary, and jurisprudential analysis, focusing on judgments from the TRT-7 over the last two years. The results indicate that, while the Superior Labor Court (TST) considers union homologation mandatory, some judges of the TRT-7 waive this requirement when there are no consent vices, in addition to considerations that exempt the application of Article 500 of the CLT in cases where the pregnancy was unknown at the time of the termination. The lack of uniformity in decisions generates legal insecurity and weakens the protection of maternity in the labor market.