Unanimously, the plenary of the Federal Supreme Court decided on the validity of paternity leave of 180 days for single men who are federal civil servants.
The case analyzed deals with a man who is a single father of twins, fruits of artificial fertilization and a surrogate.
The case reached the Supreme Court after the National Social Security Institute (INSS) appealed the decision of the Federal Court that extended maternity leave to the twins’ father.
In the session on Wednesday (11), the rapporteur, Minister Alexandre de Moraes, said that any provision in the public servant’s social security system that does not extend to the single parent the same maternity leave rights guaranteed to women is unconstitutional.
“Several times, the STF has guaranteed rights to pregnant women aiming not only for their well-being, but also for the integral protection of the child”, he said.
The minister recalled that, since the Federal Constitution of 1988, there is no longer the figure of the “head of the couple”, and family power is divided, both in conjugal rights and in the duties of protecting children, to which all must be assured. the rights of family life.
“The measure is based on the need to ensure the enjoyment of a family right. “It is exceptional because, historically, traditionally and tragically, men have always had more rights than women, and what has always been sought was to extend to women the rights that only men had,” said Moraes.
This Thursday, Moraes was followed by ministers André Mendonça, Edson Fachin, Nunes Marques, Luís Roberto Barroso, Cármen Lúcia, Dias Toffoli, Ricardo Lewandowski, Gilmar Mendes and Luiz Fux. Minister Rosa Weber did not participate in the session.
Source: CNN Brasil
