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Preliminary Decision of the 1st Labor Court of Boa Vista Reduced the Weekly Hours from 40 to 20 Hours Without Salary Cut, Established Daily Fines of R$ 1,000 for Non-Compliance, and Recognized the Grandmother’s Right to Accompany Her Seven-Year-Old Autistic Grandson’s Treatment
Judge Gleydson Ney Silva da Rocha of the 1st Labor Court of Boa Vista granted a preliminary injunction reducing the working hours of an employee from the Regional Labor Superintendence of Roraima to 20 hours per week, without a salary reduction, to accompany her grandson’s treatment for autism.
Reduction of Hours and Imposed Conditions
The decision determined the reduction of the work hours from 40 to 20 hours per week, without the need for hour compensation and without a decrease in remuneration. The magistrate also established a daily fine of R$ 1,000 in case of non-compliance.
The fine should be allocated in favor of the employee until there is a final decision in the process. The measure was adopted as a preliminary decision, considering the urgency presented in the request.
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Administrative Request and Denial by the Public Entity
In the action, the worker stated that she obtained custody of her seven-year-old grandson after the child’s mother passed away. Given the autism diagnosis, she administratively requested the reduction of hours.
The public institution rejected the request on the grounds that the employee has a contract governed by the CLT and completes a weekly workload of 40 hours, thus excluding the application of statutory regime norms.
Constitutional and Infraconstitutional Basis
The judge understood that the denial violated constitutional principles, especially the dignity of the human person. According to the decision, the right is supported by Article 227 of the Federal Constitution and by the Statute of the Child and Adolescent.
The magistrate highlighted that, in the public sector, the reduction is already provided for in Law 8.112/1990, Article 98, Paragraph 3, and cited the understanding of the Superior Labor Court in Tema 138.
Specific Laws and Understanding of the TST
The decision also mentioned the Statute for Persons with Disabilities, Law 13.146/2015, Article 8, and Law 12.764/2012, which establishes the National Policy for the Protection of the Rights of Persons with Autism Spectrum Disorder.
According to the TST, the public employee with a child on the autism spectrum has the right to a reduction of hours without a salary reduction and without the requirement for compensation, an understanding applied to the analyzed case.
Case 0001908-34.2025.5.11.0051.
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