Para sempre mãe: proteção jurídica ao luto materno

Abstract

The purpose of this study is to analyze the legal norms that deal with the legal protection of the pregnant worker, who underwent a surgical procedure, in order to perform the child's birth. However, this child is born without life or comes to death soon after the birth. From the profile indicated, it was necessary to analyze questions about the attachment, to understand the bond, between the pregnant and the child, as well as, the study of the mourning, presenting the types of mourning, and specifically the maternal mourning. The study shows the repercussion that a loss, with these characteristics, brings to this bereaved mother. The research is important as it addresses situations experienced by an alarming number of workers, presenting itself as a contemporary issue that embraces both the right, as well as issues of public health and quality of life. We have as a mobilizing question, the question; does the specific legal norm recognize the complexity of the process of maternal grief? As a search for answers, both documentary research was carried out, making the analysis of judges, the Regional Labor Courts, the states of Bahia and Paraná, as well as the carrying out of case studies, using the interview tool, as an end, to draw a parallel between what has been pointed out by doctrine, and jurisprudence, with real cases of working mothers who have lost their children. As the study unites two broad areas, both law and psychology, showing its multidisciplinary character, it ends up being indicated, for students, and professionals of both areas, but also for the population in general, since the study in The issue is about motherhood, management, children and losses, presenting its social and globalized character.