As mulheres-mães do Direito do Trabalho: uma crítica à colonialidade de gênero das destinatárias das normas jurídicas trabalhistas de tutela da maternidade

Abstract

This dissertation aims to discuss the gender coloniality that exists in the rules about motherhood and mothering in Brazilian Labor Law, as well as in the very choice of who will be the addressees of these rules. Initially, I analyzed the theories regarding motherhood and mothering from five feminist theories – liberal feminism; materialisthistorical feminism; Black feminism; ecofeminism and queer feminism – tracing this path to justify the methodological choice of using decolonial feminism as a theoretical framework. Based on the definitions of the main concepts on decolonial theory, I sought to analyze three Labor Law institutes about motherhood, selected for their relevance in discussions about the rules for the protection of women's labor, in addition to involving divergent doctrinal and jurisprudential positions. Cases from the TRT of the 3rd Region, TST and a few from the TRF of the 1st Region were analyzed. I also analyzed the data obtained by the PNAD Continuous Quarterly for the third and fourth quarters of 2019 and the first and second quarters of 2020, in order to understand whether young working mothers, who receive up to three minimum wages and reside in the Southeast, are or are not addressees of the studied legal norms. Finally, I outlined some discussions for reflection on the paths that can be taken by Labor Law thereafter.