Manutenção do contrato de trabalho da mulher vítima de violência doméstica: uma análise doutrinária e jurisprudencial

Abstract

This work analyzes the applicability of art. 9th, §2nd , item II of Law 11.340/06, popularly known as Maria da Penha Law. Even though the article in question is very important to prevent and discourage domestic violence, it has a lot of inconsistences that make its application difficult. In such context, doctrine and jurisprudence have focused on the matter, seeking to pacify some of the questions left open by the Brazilian legislator. However, the correction of some of these first problems gave rise to other obstacles to the application of the article in question, which now also ask for a resolution. Therefore, a bibliographical review was carried out in the present work, including law, doctrine, and jurisprudence, in order to identify the critical points related to art. 9th, §2nd , item II of the Maria da Penha Law. From this review, it is concluded that, although certain omissions have already been overcome, others remain open. Thus, it is settled that the discussion on the subject remains open, and should be prioritized by the legal community, in order to quickly reach a fair solution, which meets the needs of the victims and the interest of the whole society