Análise jurídico-social do trabalho doméstico feminino

Abstract

The aim of this paper is to provide a legal and social analysis of women's domestic work. First of all, the origins of domestic work, which has its historical roots in slavery, will be addressed, which is why it is a professional category that for a long time has not had its labor rights positivized and recognized. Based on a social analysis, feminist theories on domestic work will be presented, such as the sexual division of labor, which originated in capitalist societies, in which women begin to sell their labor power, without neglecting domestic tasks, functions that are understood as "biologically feminine". Next, the theory of intersectionality will be presented, which deals with the way society is organized, with the intersection of certain social identities in relation to categories of domination, oppression or discrimination. From a legal point of view, the evolution of the labor rights of domestic workers will be shown. Initially, they were excluded from the consolidation of labor laws, but through social struggles, Convention n° 189 of 2011 of the International Labor Organization, which deals with the Recommendation on Decent Work for Domestic Workers, was ratified in the national legal sphere, recognizing the class as holders of labor rights. In addition, with the effective participation of the State, Constitutional Amendment 72 of 2013 was created, equating the labor rights of domestic workers with those of other urban and rural workers. Finally, the Complementary Law 150 of 2015, which regulates the profession, brings social justice to this important working class. At present, the great challenge faced by the class is informality, observed from the lack of information on the part of employers, as well as the mistaken perception of freedom on the part of female workers. This work was based on bibliographic and field methodology, with qualitative analysis of data obtained through the study of works that address the topic, together with information obtained through interviews at the SINE São Borja institution.