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The court ordered the investigation of the facts by the harassment and discrimination prevention committee.

From the Editors

 

Monday, October 28, 2024

 

Updated at 11:44

 

In Pará, the judge in charge of the 4th Civil and Business Court  asked the president of the TJ/PA to dismiss a pregnant employee. The reason? Concern about productivity. He allegedly claimed that the employee's dismissal due to maternity leave "would impact productivity indicators." The information is from- Union of Employees of the State Judiciary.

 

According to the entity, the " measure represents a flagrant violation of fundamental rights, disregarding essential guarantees for motherhood and human dignity .

 

The Court stated that  in order to protect the rights of those involved in the situation, it adopted the appropriate measures for the investigation of the facts by the Commission for the Prevention and Confrontation of Moral Harassment, Sexual Harassment and Discrimination in the First Degree.

 

Read the Court's note:

 

 In view of the repercussions of the request for dismissal requested by the 4th Civil and Criminal Court of its advisory team, the Presidency of the Court of Justice of Pará (TJPA) hereby informs that, in order to protect the rights of those involved in the situation, it has adopted the appropriate measures in the case to investigate the facts by the Commission for the Prevention and Confrontation of Moral Harassment, Sexual Harassment and Discrimination in the First Degree, within the scope of the Judiciary of Pará, and by the General Inspectorate of Justice. The Presidency awaits the return of the adopted guidelines.

 

 

 

TJ/PA will investigate judge's request to dismiss pregnant employee. 

Discriminatory attitude, is a fundamental guarantee, constitutionally assured by art. 7, XVIII, of the CF/88, as well as by art. 31, XII, of the Constitution of Pará, and that the judge's stance is discriminatory.

 

Such a decision reveals a discriminatory stance that violates the principle of human dignity (...) and disrespects the principle of equality. By penalizing a civil servant for exercising a guaranteed right, the act goes against the precepts of justice and equality that the Judiciary itself should protect and promote.

 

For the union, the attitude represents a discouragement to motherhood, since it creates insecurity among female employees of the Pará Judiciary regarding the maintenance of any positions of free appointment and dismissal that they may eventually occupy .

 

Read the union's full statement:

 

The Union of Judiciary Employees of the State of Pará (SINDJU) expresses its vehement repudiation of the recent decision of the judge of the 4th Civil and Business Court  who requested the dismissal of his advisor due to her maternity leave, under the justification that the dismissal would impact the Court's productivity indicators. This measure represents a flagrant violation of fundamental rights, disregarding essential guarantees for motherhood and human dignity.

 

Maternity leave, lasting one hundred and eighty days, is a fundamental guarantee, constitutionally assured by art. 7, XVIII, of the Federal Constitution/88, as well as by art. 31, XII, of the Constitution of the State of Pará, and is intended to protect the mother's health and the newborn's early development. This right aims to guarantee an adequate period of adaptation and support for the woman and the baby, without prejudice or penalty to the employee's professional career. In addition, international conventions to which Brazil is a signatory, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), ratified by Decree No. 4,377/2002, establish that motherhood is a fundamental human right and that it must be protected in the workplace.

 

This decision reveals a discriminatory stance that violates the principle of human dignity, as set forth in Article 1, III, of the Federal Constitution, and disrespects the principle of equality. By penalizing a civil servant for exercising a guaranteed right, the act goes against the precepts of justice and equality that the Judiciary itself should protect and promote.

 

Despite the TJPA having protected the compensation corresponding to the period of provisional stability of the employee, such attitude represents a discouragement to motherhood, since it generates insecurity in the employees of the Pará judiciary regarding their maintenance in eventual positions of free appointment and dismissal that they may eventually occupy.

 

 link: https://www.migalhas.com.br/quentes/418412/juiz-do-tj-pa-pede-exoneracao-de-servidora-gravida-por-produtividade