A deficiência temporal da licença maternidade e os impactos na efetiva garantia dos direitos fundamentais das crianças e adolescentes

Abstract

This monograph sought to analyze how maternity leave in force in the Brazilian legal system, with mainly regard to its temporal aspect, is related to the right of children and adolescents, especially its inferences within the scope of the doctrine of integral protection and the main rights impacted by this social security benefit. Therefore, by using the hypothetical-deductive method, through which a classic and current review of the topic discussed was carried out, as well as a review of data and statistics related to this, the work was divided into three chapters that, together, sought to answer to the following central question: “Is the time off granted by maternity leave adequate?”. In this sense, aspects related to the historical trajectory of the conceptions beyond the child and the adolescent were addressed, as well as, in more depth, aspects related to the minorist conception and doctrine of integral protection in the national legal scenario. Hereafter, the importance of the maternal-child bonding and related elements for child and mother-baby development, as well as the social impacts reflected by early childhood care, were discussed. Finally, the legal regulation of maternity leave was debated and, lastly, its relationship with the theory of full protection of children and adolescents. Thanks to the analysis carried out in this course's final work, it was verified the need to adapt maternity leave with the provisions of legal diplomas that deal with children and adolescents rights.