Lei Maria da Penha e medida protetiva à empregada vítima de violência doméstica: responsabilidade pelo pagamento do salário

Abstract

The aim of this study is to examine the developments of Law No. 11.340/2006, known as Law Maria da Penha, in the employment contract, especially in relation to the protective measure of assistance provided for in its article 9, §2o, II, which, although it provides, if necessary, for the removal from work of the woman victim of domestic violence, is silent as to the impacts that this decision may cause on the work contract. In view of this, the research initially aims to focus on the historical origin of violence against women as well as the advent of the Maria da Penha Act and its peculiarities on domestic and family violence. The study continues with an analysis of the Institute of Employment Exclusion of a woman who has been a victim of domestic violence and proceeds with the examination of the institutes of the suspension and interruption of the employment contract and the practical effects of the application of each when the expulsion occurs. Finally, the present paper deals with the existence of a social responsibility of the employer with regard to the cost of the labour money of the woman victim of domestic violence who had to be removed from the workplace by virtue of the protection measure