The right to paternity leave was recognized by the Federal Supreme Court, which recently formed a majority by declaring Congress's failure to regulate paternity leave.
The topic in legislation
The Federal Constitution, in article 7, paragraph XIX, provides for “paternity leave, under the terms established by law”. The same constitution, in its transitional provisions, says that as long as there is no regulation, the deadline is 5 days.
Since 2016, fathers who are employees of so-called citizen companies can have their right extended for another 15 days, upon proof of participation in a program or guidance activity on responsible fatherhood. *Partner's prenatal care is an example of a practice recommended by the National Policy for Comprehensive Attention to Men's Health, in which parents are encouraged to be present during the child's gestation period and are advised on the best ways to take care of themselves , the pregnant woman and the baby. Know more .
However, less than 12% of eligible companies joined the citizen company program, not to mention workers who do not work in these companies but choose not to request an extension of their license.
Arguments in favor of expanding paternity leave
The Promundo Institute is united with other civil society organizations in defense of the regulation of paternity leave as it understands that this is a public policy that will bring positive impacts in several ways. The main thing is to reduce gender inequality. The presence of the father during this period contributes to the distribution of caregiving responsibilities and also domestic tasks. Furthermore, less unequal leave also narrows the gap between men and women in the labor market, reducing the maternal penalty and the scarcity of opportunities for women with children.
There are also benefits for children, who create bonds with their parents and acquire a broader protection network, which helps with cognitive, emotional development and school performance.
The leave also affects masculinity, being a moment that inspires men to be more connected to the care of themselves, the baby and the mother or pregnant person.
To learn more about the benefits of fatherhood, access Program P and the book “Dá License, Sou Pai”, available on the Promundo website.
Voting in the STF
The Federal Constitution guaranteed the right to paternity leave and determined that the National Congress regulate the amount of leave allocated to fathers. While it is not regulated, parents have 5 days of leave.
As 35 years have passed since the publication of the Constitution, without the creation of a law that regulates the license, the Federal Supreme Court formed a majority to recognize the omission of the National Congress regarding the regulation of the subject, stipulating a period of 18 months for regulation . Voting on the process is not over yet, and the president of the STF, Luís Roberto Barroso, will take the issue to the plenary to define how the license will be until regulation and after 18 months, if congress does not regulate the issue within the stipulated period. by the judiciary.
Promundo understands that 5 days is a very short period and that paternity leave must be the same length as maternity leave, as only then will we have gender equality between men and women.
Promundo in the debate
Promundo is a member of the Working Group of the Chamber of Deputies that debates the regulation of the topic. The Institute supported parliamentarians with technical arguments, indicating the need for equal leave for parents. At this moment, society awaits the publication of the WG report. The information will be the basis for the bill that will be proposed in the Chamber of Deputies.
For the vice-president of Promundo, Odilon Schwerz Burtet, author of the book Dá License: Sou pai!, it is essential that the topic reaches the knowledge of the Brazilian population:
“It is necessary to inform about the importance of guaranteeing this right and its benefits not only for fathers, but also for mothers and children. The disparity regarding the period of leave generates a series of problems, such as: maternal penalty; lower wages for women or underemployment without a formal contract; greater burden of household chores and childcare; few bonds between men and their children; maintenance of the symbolic roles of men as providers and women as caregivers; lower cognitive development of children; non-reconstruction of the masculinity of male fathers, etc. Promundo has worked to contribute to the dissemination of the topic, as well as to ensure that it is included in the country's public and political agenda”, he highlighted.
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