Conciliação entre jornada de trabalho e cuidados parentais : uma análise comparativa entre os regimes celetista e estatutário para responsáveis por pessoas atípicas à luz da Justiça do Trabalho

Abstract

This study investigates the disparity between the Consolidation of Labor Laws (CLT) and statutory regimes regarding access to reduced working hours for caregivers of atypical individuals, highlighting the urgent need for equalization of rights. Through a comparative analysis of the Consolidation of Labor Laws, Law 8.112/1990, and the jurisprudence of the Regional Labor Court and the Superior Labor Court, this research reveals the neglect of the private sector, governed by the Consolidation of Labor Laws, in protecting caregivers, contrasting with the greater security offered to public servants. Despite jurisprudential advances observed in labor court decisions, the absence of unified legislation perpetuates the injustice and suffering of CLT workers, who face instability and lack of support in vulnerable situations. The research, based on the analysis of judicial decisions and specialized articles, concludes that while the statutory regime ensures access to basic rights in some cases, CLT workers are often unsupported. The study underscores the urgent need for robust public policies, comprehensive legislation, and collective bargaining to humanize labor relations, ensuring dignity and social justice for caregivers, regardless of employment regime.