STF suspends judgment that forces Congress to legislate on paternity leave

The Federal Supreme Court (STF) suspended this Wednesday (14) the judgment on the Legislative Branch’s failure to create a law on the duration of paternity leave for workers.

So far, two ministers have voted in favor of setting a deadline of 18 months for the Legislature to approve a rule on the topic. If after this time there is no regulation, the benefit would be the same as maternity leave.

The proposal was presented by the President of the Supreme Court, Minister Roberto Barroso. Minister Edson Fachin agreed. “The radical difference between the current terms of maternity and paternity leave produces negative and disproportionate impacts on gender equality and children’s rights”, highlighted Barroso.

After the votes of the two ministers, the analysis of the case was suspended and will resume this Thursday (15). The case has been judged by the Supreme Court since 2020 and on September 29, the Court formed a majority in the virtual plenary in favor of an 18-month deadline for Congress to legislate on the matter.

The issue of paternity leave has been open since 1988, when the Constitution stated that this is a father’s right, but did not definitively establish a time for the leave, leaving room for regulation.

The action was taken to the STF more than a decade ago, in 2012, by the National Confederation of Health Workers. Its analysis in a virtual plenary was resumed on July 30th.

Upon taking over as rapporteur from former minister Rosa Weber, Barroso agreed to take the action to trial in the physical plenary. The return of the trial occurred at a time when the spotlight turns to the hearings for nominees for the Attorney General’s Office and one of the 11 vacancies in the Federal Supreme Court (STF), held in the Senate.