Gender pay gap: uma análise da divisão sociossexual e racial do trabalho à luz da lei nº 14.611/2023 (lei de igualdade salarial)

Abstract

This study aims to analyze the issue of the gender pay gap in Brazil through theories such as Sticky Floor, Glass Ceiling, and Queen Bee, considering the impact that Law No. 14.611/2023 (Equal Pay Law) may have in practice on the potential resolution or reduction of this problem. Initially, the study seeks to understand the historical and normative context of the emergence of women's rights in the labor market from an international and national perspective, addressing the division of public and private spheres. Next, it addresses the impact of wage inequality on women's rights in Brazil, considering statistical data and the social issues constructed through theories about the socio-sexual division of labor, as well as highlighting greater challenges related to race and income due to the accumulation of vulnerabilities. Finally, it explores possible alternatives to the problem of wage inequality, including the coercive measures in Law No. 14.611/2023 (Equal Pay Law) and the analysis of Direct Action of Unconstitutionality (ADI) No. 7612. Regarding methodology, the research adopts a qualitative approach to analyze the socio-sexual and racial division of labor, using the listed feminist theories and Law No. 14.611/2023, dealing with non-measurable data that cannot be quantified numerically. The technical procedures include a bibliographic analysis based on the review of already published materials, such as books, scientific articles, and dissertations related to the topic. Finally, the study adopts a descriptive approach to examine the phenomenon in detail. The study revealed that the gender pay gap in Brazil is sustained by structural barriers, such as the Sticky Floor, Glass Ceiling, and Queen Bee, which limit women's career advancement, especially for those in vulnerable situations. Although Law No. 14.611/2023 is an important step towards promoting equal pay, its effectiveness is limited by challenges in implementation and enforcement. For a more effective solution, it is necessary to complement the legislation with public policies that address the structural causes of inequality and promote inclusion and diversity in the workplace.