Menopower: uma análise sobre os direitos trabalhistas da mulher em menopausa

Abstract

This paper analyzes the legal protection afforded to female workers going through menopause in the Brazilian legal system, using an exploratory and descriptive approach of a qualitative nature, based on bibliographic and documentary research, with a case study and comparative analysis of legislation and jurisprudence, based on the understanding that gender equality requires recognition of the specificities of the female life cycle in order to achieve material equality. It demonstrates that, although the Federal Constitution of 1988 ensures formal equality between men and women and provides for the protection of the female labor market, national labor legislation remains focused on maternity and pregnancy, making menopause unfeasible as a natural and inevitable phase of a woman's life. The study in question examines the historical and social construction of gender roles, highlighting how patriarchy and female stereotypes have contributed to the control of women's bodies and the marginalization of experiences that deviate from the reproductive ideal. Menopause is analyzed from biological, psychological, and social perspectives, highlighting the impacts of menopausal symptoms on women's health, dignity, and work performance, especially in rigid and unhealthy work environments. It is noted that, in Brazil, menopause is only indirectly recognized in labor jurisprudence when used as a contributing factor in occupational illness, which transfers the burden of dealing with this condition individually to the worker. In contrast, the research analyzed international experiences that reveal a progressive movement toward recognizing menopause as a relevant issue in occupational health and gender equality, with emphasis on UK case law and corporate policies aimed at creating more inclusive work environments. Based on this comparative analysis, it was concluded that the Brazilian regulatory omission violates human dignity, material equality, and the right to health. It also defends the need to incorporate menopause into labor law, whether through specific legislation, broad interpretation of existing norms, development of public policies, awareness-raising among managers, and adoption of measures to adapt the work environment. The research maintains that legal recognition of menopause is essential for the promotion of social justice, for the valorization of women's professional trajectories, and for the effective realization of gender equality in the world of work.