Estabilidade provisória de emprego do genitor provedor da renda familiar

• Autor(a) principal: Gregorio, Tiago Silvano
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5630
• topic: Direito do trabalho; Estabilidade provisória; Direito das gestantes; Renda

The present study has as its main objective to analyze the possibility of extending the right of provisional stability to the employee, future parent, before the pregnancy of his spouse when he has in his income the only source of family income. The method of deductive approach, the bibliographic and documentary procedure, and the level of depth, the exploratory nature, were used for the investigation. The results of the study were obtained from a historical analysis of labor rights, mainly from the constitutional point of view, as well as explanation and interpretation of the principles inherent in the relationship between employee and employer, in order to analyze their application in law stability, ie provisional stability. In this study, all the aspects that involve the right to provisional stability already granted to the pregnant woman, from the confirmation of the pregnancy up to 5 (five) months after the birth, were analyzed, as well as the reasons that would have generated this right, presenting in the end , reasons why the benefit in question could be extended to the other parent as the sole provider of family income. It was found, with the research, that the right to provisional stability aims at the primordial protection, above all, of the unborn child, and that the application of this right to the pregnant woman is a result of a long period in which a greater protection of Brazilian workers. Considering the fact that the law safeguards the rights of the unborn child from the outset, and in respect of the right to life and dignity of the person, the benefit to the provisional stability can not be dismissed and must be extended to the parent, provider of family support.