Trabalho braçal e (o mito da) fragilidade da mulher: análise decolonial dos artigos 198 e 390 da CLT

Abstract

Brazilian Labor Law presents differentiations based on gender that are intrinsic to the creation of norms, causing supposed inequality of opportunities in the labor market, which, however, are naturalized. Naturalization, especially with regard to the weight limit for the manual transport of loads present in art. 390 of the Consolidation of Labor Laws (CLT), requires an epistemic turn, which is why this theoretical research is affiliated with decolonial theories, under the legal-sociological aspect. The main objective of the work is to question the centrality present in biological sex for the institutionalization of labor standards, using a decolonial perspective to show which bodies are in fact protected by the regulations present in Chapter III of the CLT, entitled “On the protection of labor of the woman". As a hypothesis, it is assured that gender coloniality creates women's fragility and that they have a discriminatory and non-protective bias in the labor market. Therefore, it is intended to use ergonomic studies as another way of regulating the specific work. Furthermore, feminist biologists question the construction of the female gender and stereotypes linked to the body. Gender decoloniality consists of the deconstruction of concepts presented as natural since colonization, but which, in fact, insert as universal the dominant category of socio-labor relations, inherited from a historical pattern of power in modernity: the white man, heterosexual, cisgender, European. In this sense, it aspires to locate the epistemic subject of Labor Law in the weighty regulations, in order to lay bare the supposed neutrality of the legislator.