1970-01-01 02:00:00
The entity claimed that, although the benefit was provided for in the Constitution, the Legislature never enacted a law on the subject. Today, five-day paternity leave is a transitional rule until the definitive period is set by Congress.
The trial was initially made in the virtual plenary, where the majority of the Court defined that Congress should define a rule on the subject. However, the ministers differed on what should be done until the regulations are finalized.
When taking the case to in-person sessions, Barroso suggested setting a deadline of 18 months for Congress to regulate paternity leave, recognizing the Legislature’s omission. If this is not done, it will be up to the Supreme Court to set the deadline.
Initially, Barroso had suggested that, if Congress did not regulate it within a year and a half, paternity leave should be equated to maternity leave, currently stipulated at 120 days. This point was removed from the thesis after discussion between the ministers.
The decision is a gesture of deference from the Court towards the Legislature amidst the advancement of proposals that directly affect the courtsuch as the possibility of mandates for STF ministers and limits on monocratic decisions by the Supreme Court.
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