Abstract

Law No. 11,340/2006, also known as the "Maria da Penha" Law, was created after the condemnation to exclusively protect women victims of violence. In Article 9, § 2, item II, there is a specific rule on the employment contract, which allows the judge to ensure that women in situations of domestic and family violence maintain the employment relationship for up to six months. During this period, women have the right to be absent from work, thus contributing to the preservation of their physical and psychological integrity. The objective of this paper is to better analyze how the international system may further contribute to increasing the labor legal protection of women victims of domestic violence. A prospective-documentary technique was employed to analyze the Brazilian domestic legislation and the international system, including norms of the International Labor Organization (ILO) and the jurisprudence of the Inter-American Commission on Human Rights of the Organization of American States (OAS). These analyses reveal that despite the separation of social phenomena – domestic violence occurring in the private sphere, and work belonging to the public sphere of the victim's life – international principles, so-called soft law rules, can be used to further enhance the protection of women victims of domestic violence in Brazil. These women require a whole set of mechanisms that protect their physical, psychological, and emotional integrity, but also guarantee financial and professional support. This multidimensional response to domestic violence is central to a country that ranks 5th in the world for femicide.