‎Brazil News

 

The DF Court considered the constitutional principle of equality and the guarantee of women's fundamental rights.

From the Editors

 

Monday, September 16, 2024

 

Federal Judge Antonio Felipe de Amorim , of the 25th JEC court of SJ/DF, accepted the request of a state employee and ordered the payment of a bonus suspended during her maternity leave.  

 

The judge based his decision on the constitutional principle of equality and the guarantee of womens fundamental rights.

 

The author claimed that she was entitled to payment of the GECJ - Bonus for Cumulative Exercise of Jurisdiction since November 2017.  

 

However, the Union ceased payment during the periods in which she was on sick leave and maternity leave, from September 2018 to February 2019 and from November 2021 to April 2022.  

 

Judge orders the Union to pay a bonus suspended during a civil servant's maternity leave. 

The Union had argued that the GECJ would be an advantage linked to the effective exercise of the function, claiming that the license would eliminate the right to receive it.  

 

However, the judge responsible for the ruling rejected this interpretation, highlighting that maternity leave aims to guarantee the woman's financial and emotional protection during the period of absence to care for her health and that of her newborn.  

 

The event giving rise to the payment of the GECJ, concerning the effective exercise with the cumulation of jurisdictions or accumulation of processes, also occurs during the enjoyment of maternity leave by the judge, in homage to the protection of maternity and other constitutional principles and rules aimed at the insertion of women in the job market and their dignity. 

 

Thus, the judge stipulated that retroactive payment be made for the periods from September 2018 to February 2019 and from November 2021 to April 2022, in addition to determining the incidence of related repercussions.  

 

This decision reinforces the importance of paying close attention to gender issues in public administration and to maternity protection,

 

Case :  1078182-94.2023.4.01.3400

 

 link: https://www.migalhas.com.br/quentes/415313/uniao-pagara-gratificacao-suspensa-em-licenca-maternidade-de-servidora