Highlights

Deputy Chief Justice extends maternity leave to mother of baby hospitalized since premature birth

01/21/2021

Deputy Chief Justice Rosa Weber, vice-president of the Supreme Court of Brazil (STF), granted an injunction in Complaint (RCL) 45505 so that the 120-day maternity leave of a nurse from Conceição do Mato Dentro (MG) has as its initial milestone the discharge of her daughter, hospitalized since her premature birth in July of last year. The Justice, who holds the Chief Justice's Office, has been on duty since the 18th.

In the preliminary analysis of the case, Justice Rosa Weber considered, due to the lack of provision for discharge of the child from hospital, that there was a violation of the STF decision in ADI 6327. She recalled that the rapporteur of the action, when analyzing the subject, pondered that the realization of social rights (such as maternity and childhood protection) requires, for the achievement of equality, a positive action by the State that ensures the absolute priority of the rights of children, especially to life and family interaction.

SP/AD/CF - CG/FB/JR/LP

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