1. Home
  2. / Logistics and Transportation
  3. / From 1940 to Current Laws: The Evolution of Maternity Leave and Mothers’ Rights in Brazil
Reading time 4 min of reading Comments 0 comments

From 1940 to Current Laws: The Evolution of Maternity Leave and Mothers’ Rights in Brazil

Published on 07/09/2025 at 20:08
Direitos das mães, Direitos trabalhistas, Licença-maternidade
Imagem ilustrativa
Be the first to react!
React to this article

The Revolution of Brazilian Mothers’ Rights Shows Historic Advances, Landmark Laws, and Persistent Challenges for Equality in Work and Social Recognition

Over the past few decades, Brazilian mothers have secured fundamental rights that have marked the social and labor history of the country. This journey reflects the constant quest for equality and recognition in a scenario where motherhood still faces obstacles.

It is important to highlight that each advance was accompanied by social and legislative mobilization, ensuring that women had better conditions to reconcile motherhood with professional life.

From maternity leave in the 1940s to recent laws ensuring breastfeeding spaces at work, the path has been one of gradual, yet still unfinished, achievements.

Data That Reveal the Reality

Between 2012 and 2022, the number of households with single mothers grew by 17.8%, rising from 9.6 million to 11.3 million, according to FGV Ibre and IBGE.

In 2022, 29.4% of these single mothers aged 15 to 60 were out of the labor force, 7.2% were unemployed, and 63.3% were employed.

Comparing the general data, 65.2% of women with children were in the labor market, while 73.2% of women without children and 87.8% of men without children were also employed.

These numbers show why the reconciliation between family responsibilities and the labor market continues to be a challenge, especially for single mothers who accumulate roles and face greater difficulties.

Timeline of Achievements

The legal journey of mothers in Brazil can be understood through milestones that shaped rights over the years.

1943 – CLT and the First Maternity Leave
The Consolidation of Labor Laws established 84 days of leave, marking the beginning of the formalization of rights for working mothers.

1988 – Federal Constitution
The Constitution expanded maternity leave to 120 days, with the possibility of 180 days in companies of the Citizen Company Program. It also ensured equality between men and women in the labor market.

2002 – Leave for Adoptive Mothers
Law No. 10.421 ensured 120 days of paid leave for mothers adopting children, regardless of age.

2008 – Citizen Company Program
Created by the government, it encouraged companies to grant 180-day leave, with cost compensation by the INSS.

2013 – Domestic Workers’ PEC
Expanded the rights of domestic workers, including maternity leave and FGTS, correcting historical inequalities.

2015 – Complementary Law No. 150
Regulated the PEC, guaranteeing vacation, family salary, and job security during leave.

2022 – Law 14.457
Determined that companies with 30 or more women provide adequate space for breastfeeding, called “Affection Point.”

Advances in Maternal and Child Health

In addition to labor legislation, laws have also reinforced the right to health. The Law for the Effectiveness of Health Actions, from 2008, ensured free exams in SUS, focusing on combating breast and cervical cancer.

Another milestone was the Maria da Penha Law, from 2006, which created mechanisms for protection against domestic violence and expanded support policies for women.

Persistent Challenges

Even with achievements, the difficulties are clear. A study by the Ministry of Social Development showed that, after the birth of the first child, women have a 20% lower chance of being employed than fathers.

The usual income of mothers is 24% lower than that of men, and the likelihood of working full-time is 7% less.

Moreover, the risk of working in informal jobs is 13% higher for mothers compared to fathers.

According to the Getulio Vargas Foundation, mothers’ salaries can be up to 45% lower than those of women without children. For single mothers, the inequality is even greater, with lower salaries and a higher presence in informal work.

Therefore, motherhood still represents a watershed in the professional trajectory of Brazilian women.

State Laws in Amazonas

In recent years, state legislation has also advanced, especially in Amazonas, where measures have been approved to expand mothers’ rights.

Law No. 6.977/2024 – Preference in Social Programs
Establishes priority for single mothers with minor children in accessing state government social programs.

Law No. 6.817/2024 – Employment Incentive
Creates guidelines to encourage the hiring of single mothers, supporting their financial autonomy.

Law No. 6.390/2023 – Breastfeeding
Guarantees the right of nursing mothers to breastfeeding, with awareness-raising actions.

Law No. 6.424/2023 – Free Breastfeeding Consulting
Requires public health units to offer specialized support for mothers in the breastfeeding stage.

Law No. 6.415/2023 – Extended Leave for Mothers of Premature Babies
Allows the leave count to begin after the last discharge of the mother or the baby.

Law No. 6.187/2023 – Rights in Cases of Gestational or Neonatal Loss
Guarantees emotional support, doula accompaniment, and respect for the mourning period.

Law No. 7.267/2024 – Reception in the University Environment
Creates measures to ensure the permanence and academic progress of pregnant women and mothers in higher education institutions.

Law No. 6.818/2024 – Training and Awareness
Implements training programs on women’s rights, encouraging their participation in various sectors.

Law No. 6.440/2023 – Solidary Breasts
Provides for supplying prosthetics for women who have undergone mastectomy, promoting inclusion and well-being.

Law No. 6.424/2023 – Reinforcement of Breastfeeding Consulting
Reiterates the obligation for specialized support for mothers, consolidating support for breastfeeding practices.

Conclusion: Advances and Constant Vigilance

The trajectory of mothers’ rights in Brazil shows that each achievement resulted from decades of struggles. However, the numbers on inequality, discrimination, and precarization reveal that there is still much to be done.

Moreover, state laws such as those passed in Amazonas demonstrate that local initiatives can complement the national framework, reinforcing the protective network for mothers in different contexts.

Therefore, while Brazil accumulates important victories, the full effectiveness of these rights depends on consistent policies, rigorous oversight, and continuous social engagement.

Motherhood needs to be seen as an essential part of society, not as an obstacle. The fight continues, and the data shows why permanent attention is indispensable so that no Brazilian mother is left behind.

With information from Real Time and data from Aleam, JusBrasil, and the Ministry of Health.

Sign up
Notify of
guest
0 Comments
most recent
older Most voted
Built-in feedback
View all comments
Romário Pereira de Carvalho

Já publiquei milhares de matérias em portais reconhecidos, sempre com foco em conteúdo informativo, direto e com valor para o leitor. Fique à vontade para enviar sugestões ou perguntas

Share in apps
0
I'd love to hear your opinion, please comment.x