Estabilidade da gestante no mercado de trabalho: como está a proteção após anos da reforma trabalhista?

The 2017 Labor Reform introduced substantial dynamic changes to the Consolidation of Labor Laws (CLT), directly impacting the job security of pregnant women. Among the main changes, the new wording of article 10 of the Transitional Constitutional Provisions Act (ADCT) stands out, which restricted the clause to the arbitrary or unjustified dismissal of pregnant employees, from the confirmation of pregnancy until five months after delivery. The ambiguity in the interpretation of the rule generated legal certainty and challenges in the application of the law, leading to a diversity of case law understandings on the matter. Additionally, the flexibilization of labor relations allowed the formalization of out-of-court agreements for contract termination, a factor that can compromise the guarantee of job security for pregnant women. The permission for pregnant women to work in medium or minimally unhealthy environments, upon presentation of a medical certificate, also generated debates about possible risks to maternal and fetal health. These changes have drawn criticism from trade unions and labor experts, who claim that they represent a setback in maternity protection and a possible worsening of working conditions for pregnant women. Given this scenario, a critical analysis of the impacts of the Labor Reform on the job security of pregnant women is essential, considering the legal, social, and economic implications. This study seeks to assess whether there was an increase or reduction in the number of dismissals of pregnant women after the implementation of the reform, to examine the effectiveness of the new wording of Article 10 of the ADCT, and to verify the consequences of the regulatory changes for labor relations. In addition, other related labor rights will be discussed, such as maternity leave and maternity pay, as well as the adequacy of the new legislation to the constitutional principles of protection of maternity and human dignity.