O protagonismo da mulher representado no artigo 386 da CLT à luz da CF/88, das restrições da Lei 13.467/2017 e do tema 1046 do STF

Abstract

This Final Coursework has as its main objective to address whether the rule set forth in Article 386 of the CLT, which establishes the mandatory granting of paid weekly rest to women on Sundays at least once every fifteen days, can be set aside through a collective agreement or a collective bargaining agreement, in light of STF Topic 1046, as intended by certain economic sectors. For this purpose, an analysis of doctrine and an exemplary decision on the subject was carried out, in addition to studies on the role of women in today’s society. The results indicate that, besides being an unavailable right, the article provides current and promotional effectiveness to the protection of women’s work, since, by reinforcing it, Labor Law incorporates new dimensions, less related to physiological or individual aspects and more related to the collectivity, regarding the reconciliation of professional, family, and social life.