This week, the Court judges the deadline for the Legislature to edit the law and regulate the law
The STF (Federal Supreme Court) will resume this week the trial that will determine whether there was an omission by the National Congress regarding the approval of a law on paternity leave. The topic will return to the Court this Friday (September 22, 2023), in a virtual plenary, when the ministers cast their votes without debate.
The issue had been at a standstill in the Supreme Court since the beginning of August, when the president of the STF, Rosa Weber, asked to analyze the case more calmly. The action was presented in 2012 by the National Confederation of Health Workers, which questions why the Legislature has not yet enacted the law and regulated the right, provided for in the 1988 Constitution. Without an understanding from the National Congress, the current deadline is 5 days.
With the action, the Court will be able to set a deadline for the Chamber and the Senate to regulate the issue. Otherwise, the STF itself may determine a new period for paternity leave.
Today only women have the right detailed in legislation. Maternity leave establishes a period of 120 days of absence, with the possibility of increasing it to 180 days, if the company integrates the Citizen Company Program.
So far, 6 ministers have already voted on the matter: Edson Fachin, Luís Roberto Barroso, Dias Toffoli, Gilmar Mendes, Cármen Lúcia and Marco Aurélio, who cast his vote in 2020 -when the trial began- and is now retired.
Check out how each minister voted below:
- Edson Fachin: voted for a period of 18 months for Congress to draft a law on the subject; he also said that, until there is a decision from the Legislature, the rights to paternity leave and maternity leave should be equalized;
- Luís Roberto Barroso: also voted for a period of 18 months for Congress, but defended that the equivalence between the two licenses only occurs at the end of the established time, if the Legislature does not reach a consensus;
- Toffoli Days: also defended an 18-month deadline for debating the topic in the Chamber and Senate. However, the minister did not establish a direct consequence if the legislation is not created. In this case, the issue would be debated again in the Court;
- Gilmar Mendes: accompanied Minister Dias Toffoli in the vote, for a period of 18 months for regulation and without determining a replacement value if legislation is not created;
- Carmen Lucia: accompanied Minister Edson Fashion in the vote, for a period of 18 months for regulation and instant equality of paternity leave and maternity leave.
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