2023-12-14 23:18:00
After this period, if there is no progress, the Court itself will define the terms of the benefit
STF headquarters in Brasília. (Photo: Agência Brasil)
Within 18 months, the National Congress must define the rules for paternity leave. A decision by the STF (Supreme Federal Court), in progress since 2012, determined this deadline for the benefit guidelines to be defined. The action was led by the CNTS (National Confederation of Health Workers). If Congress does not move during this period, the Court itself will decide on the issue.
In Brazil, the 1988 Federal Constitution defined that the license should be regulated by federal deputies and senators, but nothing ever came to fruition. As a temporary provision of the Constitution – paragraph 1 of article 10 of the Transitional Constitutional Provisions Act – five days were established.
For most ministers, the five days are “manifestly insufficient” and “do not reflect the evolution of the roles played by men and women in the family and society”. Yesterday, Minister Roberto Barroso proposed that, after the 18-month period, if the omission persisted, the right to paternity leave should be equated to that of maternity leave.
However, after a deliberative meeting today, the ministers established that, if Congress does not legislate at the end of 18 months, the Supreme Court will set the license period.
Pondering the topic, minister Gilmar Mendes said that “it is not that difficult to reach a conclusion regarding the existence of the constitutional omission, but overcoming the omission is not so simple considering the repercussions that in this case have on social security itself. and also on the economy of the companies themselves that may be burdened with this cost”.
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