GESTANTES E LACTANTES EM AMBIENTE INSALUBRE E A LEI Nº 13.467/17

Abstract

This article aims to address the Consolidation of Labor Laws (CLT), which was created in 1943 to guarantee workers; rights. Since then, labor relations have had a series of questions about their constitutionality, for going against principles and norms of Brazilian law and being considered a social setback. With that, there was the Decision of the Federal Supreme Court on Pregnant and Breastfeeding Women in Unhealthy Environments: The Reporting Minister of the ADI, Alexandre de
Moraes, granted the preliminary injunction and suspended the effectiveness of article 394-A, items II and III of the CLT, from the end of April. The preliminary decision resulted in the final decision, where the Federal Supreme Court declared unconstitutional, on May 29, the device of Law 13.467/17, which authorizes the work of pregnant and lactating women in unhealthy environments. 
According to the STF, pregnant and lactating women cannot perform activities in an unhealthy environment of any degree, nor are they required to present a medical certificate to be removed.  According to the decision and as a result of the Pandemic that we had a new door opened and a new vision expanded, in many sectors of companies the operating system was adhered to in a home-office way, a work system that guaranteed to preserve the health and integrity of its employees, so that both the company and the employee would benefit from the new way of providing services, most companies in their diverse and varied services can enable in their system the relocation of pregnant and lactating women for a period of time I work from home office, guaranteeing them all their legal rights.