Redução da jornada de trabalho celetista: um direito dos pais de crianças com transtorno do espectro autista

Abstract

This Course Completion Work is limited to the theme of legal protection necessary to serve parents of children on the autism spectrum, CLT workers in Brazil who need to reduce their working hours to monitor the treatment of their children. The research problem that guides the study lies in the following question: are workers under the CLT regime who have autistic children supported by current Brazilian legislation regarding the need to reduce working hours? The hypothesis points to the gap in the Brazilian legal system regarding standards to be applied in concrete, which implies resorting to the courts to obtain jurisprudential understanding. However, it is clear that for federal public servants in this same condition, Law nº. 13.370, of december 12 of 2016, and this could be considered sufficient for a comprehensive comparison. Thus, as a general objective, the study aims to understand how legal labor support is provided to parents of autistic children who carry out work activities governed by the Consolidation of Labor Laws (CLT). Specifically, in each of the chapters of this work, the objective is: i. conceptualize Autism Spectrum Disorder and indicate the types of treatment; ii. understand the term CLT and identify who has the right to reduce working hours; iii. analyze concrete cases, based on jurisprudence, due to the lack of corresponding legislation, as well as seek if there is any bill that helps parents of autistic children in need of special hours, so as not to interfere with their jobs in the private sector . To this end, in this monographic study of an exploratory type, of a basic nature and with a qualitative approach, the hypothetical-deductive scientific method was used through the technique of bibliographical and indirect documentary research based on the analysis of works, scientific articles, laws and national jurisprudence. Thus, the importance of this work for the area of Law and, consequently, for Brazilian society, is justified in that it aims to promote reflections on the problems faced and that gives voice to a portion of CLT workers who constantly need to fight to have their rights and those of their autistic children are guaranteed.