International Standards and General Observations on the Protection of Pregnant Women Violated by the Labor Reform Luiz Pinto de Paula Filho, Thaís de Camargo Oliva Rufino Andrade

Abstract

This paper analyzes article 394-A of the CLT, modified by the Labor Reform of Law 13467/17, in light of international diplomas enacted by Brazil and its General Observations, specifically the International Covenant on Economic, Social and Cultural Rights (ICESCR) ) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), as well as General Comment No. 22 of the Committee on Economic, Social and Cultural Rights (OG22-CDESC) and No. 24 of the Committee on the Elimination of all Forms of Discrimination against Women (OG24-CEDAW). Was the hypothetical-deductive method used to answer: the legislative amendment under review violated provisions of the ICESCR and CEDAW and OG22-CDESC and OG24-CEDAW respectively? In the end the answer was positive and the thesis validated, proving that the labor reform violates provisions of the international diploma analyzed here.