Redução da carga horária para mães de crianças e adolescentes com necessidades especiais, enquanto direito fundamental, a partir da Lei Federal 13.370 de 2016

Abstract

This paper proposes a critical reflection on the effectiveness of the current legislation — Federal Law No. 8,112/1990, as amended by Law No. 13,370/2016 — in relation to the actual social demands concerning the reduction of working hours for mothers of children with disabilities. The Final Paper results from an in-depth analysis of the legal and social principles that highlight the need to extend this right to other employment relationships beyond federal public servants. The current legal limitation, by restricting the benefit exclusively to this category, proves to be incompatible with the constitutional principles of equality and human dignity, which are pillars of the Democratic Rule of Law. In this context, atypical motherhood — a term that refers to the experience of mothers of children with disabilities — imposes daily challenges that surpass the traditional role of motherhood. This reality requires not only social support but also legal backing capable of promoting equity and ensuring dignified living conditions for the family. In this regard, the State, by partially recognizing this right through Law No. 13,370/2016, has advanced toward mitigating the inequalities faced by these women, but maintained an exclusionary stance by limiting its application to the federal statutory regime, disregarding other labor categories equally affected by this family dynamic. In light of this, the present work aims not only to identify the existing gaps in current legislation but also to suggest legal and political pathways to extend the right to reduced working hours to all working mothers, regardless of the legal employment regime to which they are subject. To this end, a critical analysis of case law, legal doctrine, and public policies aimed at inclusion is proposed, with the goal of contributing to the construction of a fairer and more inclusive society, in accordance with the principles of the Federative Republic of Brazil.