Direito à licença-maternidade para ambos os pais em casal homoafetivo.

• Autor(a) principal: Chagas, Giselle Pereira Rocha Das
• Data de Publicação: 2020
• Outros Autores: Cavalcante, Lívia Gleice De Oliveira
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/1606
• topic: Licença maternidade; Homoafetivo; Novas formas de família; Licença; 6.01.00.00-1 Direito

This research work sought to address the right to maternity leave for both parents in a homoafetive relationship, adding that this benefit is linked to a form of justice, considering that its purpose is to provide protection for the child and/or adolescent, and not for the parents. In this way, it is observed that the current society embraces the reality of several new forms of family, consequently, it allows homoafetive couples to become fathers, by means of in vitro conception or adoption, so the child has two mothers, or two fathers, in this form of family there is no need to define who is the mother, nor who is the father, who will be entitled to the benefit. This work has noted that they have favored the recognition of the right to the social security benefit, for both parents in the homoafetive relationship. In this sense, they emerged in the understanding that the license in question aims only to protect the child or adolescent. As such, these judges go beyond the idea of the mere right of the mother, but extend the benefit in a larger social sphere, since this type of family is under construction and the protection of their rights is still incipient. In this tuning fork, this research sought to demonstrate that extending the concept of maternity leave to include both parents in homoafetive couples is a measure of social justice. Thus, it concludes that the object of this work has permeated the social, legislative, and doctrinaire discussions, seeking a greater understanding of the right involved in embodying the leave here called double maternity, in order to firm the understanding of the benefit treated in the scope of social security law with reflections on labor law.