Artigo 384 da consolidação das leis do trabalho aplicação ao sexo masculino ou revogação tácita pela constituição federal de 1988

Abstract

The periods of rest from work, besides being one of the rights won through of workers' struggles, constitute standards of health and worker safety, aiming the prevention of occupational accidents and occupational diseases. In our times, these standards are members of the Environment that must be preserved by all, under Article 200, I and VIII of the Constitution. There are several types of intervals set out in legislation labor, and other permitted by jurisprudence, which allows the flexibility, since it does not cause damages to the employee, under penalty of being the employer punished with the appropriate penalties in cases of non-granting of rest periods. Among intervals positivized by Consolidation of Labor, highlight the range of article 384, which provides 15 minutes of rest between the end of one journey and the beginning of another, when treat about to the female worker. The reception of this article by the Constitution Federal has been a subject of open debate on doctrine, bringing different decisions not only judgments in first grade, but also in Regional Labor Court and the Superior Labor Court, which settled their understanding, stating that the matter was welcomed by Federal Constitution of Brazil, and is, therefore, constitutional. Nevertheless, the discussion came to the Supreme Court and is now pending trial