Os impactos da reforma trabalhista em relação ao meio ambiente laboral da mulher gestante e/ou lactante

Abstract

The present study aims to analyze the impacts resulting from the approval of Law nº 13.467/2017 - Labor Reform, regarding the protection of the work of pregnant and lactating women. Facing the problem proposed, we will analyze the changes in labor legislation, in order to compare the legal provisions present in the Consolidation of Labor Laws - CLT before and after Labor Reform, such as Law nº 13.287/2016 and Provisional Measure nº 808/2017. In addition, current understandings regarding this subject will be demonstrated, in particular, the decision pronounced by the STF plenary on May 29, 2019, which determined the unconstitutionality of the expression that required the presentation of the health certificate by a trusted physician of the woman, for the removal of the pregnant or nursing woman. In this sense, the conclusions highlight the need to reform the aforementioned legal provision, which leads to evident health impacts of the pregnant and nursing woman, in order to comply with constitutionally guaranteed principles, in particular, the principle of social retrogression.