Social protection for maternity maternity pay benefit and relevant jurisprudential aspects

Abstract

This article aims to analyze social protection for maternity through legislative evolution and recent judicial decisions involving maternity pay benefits. Using the deductive scientific method and bibliographic research, with a qualitative and descriptive approach, the study discusses international maternity protection provided by the International Labour Organization, which has gradually expanded the right to maternity leave. Subsequently, the article addresses the evolution of maternity leave legislation in Brazil, noting that this benefit, initially individual in nature, has undergone a process of transformation and expansion to become a family benefit. Following this, the article analyzes recent judicial decisions on the subject, finding that the judiciary has acted to extend maternity protection, though at times exceeding its role, in evident judicial activism. Finally, it concludes that while legislation has evolved, there are aspects that need improvement to ensure effective protection through maternity leave. In this regard, the judiciary has played a significant role in safeguarding maternity protection; however, caution is needed when seeking to expand this protection to avoid judicial activism and encroach upon the constitutionally granted powers of the Legislative and Executive Branch.