Nurse Technician to Be Compensated R$ 30,000 After Company Denies Breastfeeding Break and Violates Mother and Child's Rights

Nurse Technician to Be Compensated R$ 30,000 After Company Denies Breastfeeding Break and Violates Mother and Child’s Rights

Written by Bruno Teles

Published on 27/09/2025 at 13:58

Técnica de enfermagem será indenizada após empresa negar intervalo de amamentação, em decisão que reforça os direitos da mãe no trabalho.

71 pessoas reagiram a isso.

Labor Court Ruling Recognized That the Nursing Technician Had Rights of the Mother and Child Violated, Increasing Compensation from R$ 10,000 to R$ 30,000

A Nursing Technician from Porto Alegre (RS) will be compensated R$ 30,000 after the company she worked for refused to grant the breastfeeding breaks provided by law. The decision was confirmed by the 8th panel of the Regional Labor Court of the 4th region, which considered the case a violation of the rights of the mother and the baby.

The compensation, which had initially been set at R$ 10,000, was increased by the judges in light of the recognition that the conduct of the company represented not only disrespect for labor legislation but also a direct impact on the physical, emotional health and dignity of the worker and her child.

The Right to Breastfeeding Breaks

Brazilian legislation guarantees that women in the breastfeeding phase have two breaks of 30 minutes per work shift until the child turns six months old.

ARTICLE CONTINUES BELOW

Major Oil, Gas, and Energy Event Will Take Place in Brazil: Macaé Energy Will Gather Petrobras, Equinor, Prio, Among Other Suppliers and Energy Executives for Business, Networking, and Employment Opportunities

The Technical Agenda and the Fair in the City of Macaé Should Boost Discussions on Investments, Energy Transition, and Development of the Oil, Gas, and Energy Chain in the National...

Paulo Nogueira

In the professional’s case, this right was ignored by the health service company, even after her return from maternity leave.

In addition to the R$ 30,000 compensation for moral damages, the worker will receive retroactive amounts corresponding to the breaks not granted, plus an additional 50%, reinforcing the reparatory nature of the decision.

This measure seeks to ensure that employers understand the obligation to respect specific maternity rights.

Company’s Arguments and Judicial Decision

The company claimed that the technician had taken vacation right after maternity leave and subsequently resigned, attempting to justify the denial of breaks.

However, Judge Carolina Cauduro Dias de Paiva, from the 2nd Labor Court of Porto Alegre, rejected the defense based on documents and evidence presented in the case.

For the judge, the company’s refusal frustrated both the child’s right to be nourished with breast milk and the mother’s right to experience this moment of connection.

The decision was upheld by TRT-4, which also increased the amount of the compensation as a way to discourage similar practices.

The Importance of Gender Analysis in the Case

The rapporteur of the ruling, Judge Marcelo José Ferlin D’Ambroso, highlighted the need to evaluate the situation from a gender perspective.

He stated that the lack of conditions for breastfeeding represented a blatant disrespect for the human rights of the worker, violating basic principles of decent work.

According to the magistrate, the lack of breaks for breastfeeding caused presumed suffering and distress, affecting not only the professional but also the baby.

This analysis reinforces that labor decisions must consider specific impacts on women in maternity situations.

Impacts on the Labor Market

The company’s condemnation signals to the labor market the importance of ensuring adequate conditions for mothers during breastfeeding periods.

Experts believe that the TRT-4 decision strengthens case law in favor of protecting the rights of women and children, especially in sectors like health, where exhausting shifts often hinder the application of the law.

At the same time, it reinforces that employer negligence regarding basic rights can result in high compensation and damage to the company’s image, increasing pressure for compliance with labor standards.

The case of the Nursing Technician who will be compensated R$ 30,000 illustrates how the Justice system has been strengthening the protection of maternity rights in the workplace.

The decision serves as a warning for employers and encouragement for workers facing similar situations.

Do you think the fine was enough to compensate for the damages suffered? Do Brazilian companies truly respect the rights of working mothers? Share your opinion in the comments — your experience could enrich this debate.

1 Comentário

Mais recente

Mais antigos Mais votado

Feedbacks

Visualizar todos comentários

Laianne

#180912

28/09/2025 15:15

Este valor de indenização e baixíssimo pelo direito em que esta mãezinha tem
O valor teria que ser una ate de 3 salários mínimos ate a criança completa 12 anos porque esta empresa vai dispensa esta trabalhadora sem chance de ter condições financeiras psra pagar alguém para cuidar da criança para ela voltar ao mercado de trabalho e empresas nenhuma quer da emprego a mulher que tenha filhos pequenos NAGISTRADO FAÇA VALE ESTE A HONRA DESTA MAMAEZINHA

Responder

Nurse Technician to Be Compensated R$ 30,000 After Company Denies Breastfeeding Break and Violates Mother and Child’s Rights

Labor Court Ruling Recognized That the Nursing Technician Had Rights of the Mother and Child Violated, Increasing Compensation from R$ 10,000 to R$ 30,000

The Right to Breastfeeding Breaks

Major Oil, Gas, and Energy Event Will Take Place in Brazil: Macaé Energy Will Gather Petrobras, Equinor, Prio, Among Other Suppliers and Energy Executives for Business, Networking, and Employment Opportunities

Company’s Arguments and Judicial Decision

The Importance of Gender Analysis in the Case

Impacts on the Labor Market

For 45 years, Spain and Morocco have been trying to connect Europe to Africa through a project of just 14 kilometers in the Strait of Gibraltar, and an active tectonic fault on the seabed continues to make the project nearly impossible.

At just 14 years old, a boy creates a system without energy, using steel pipes buried in the ground, that irrigates seedlings with moisture from the air, to combat the water scarcity threatening reforestation in northern China.

Where there was only sand and wind at 40 degrees, China built a megacity of 500,000 inhabitants with farms, wineries, and universities in the middle of the desert using melted glacier water from hundreds of kilometers away.

China bets on the Fishery-PV model and transforms fish farms into giant solar plants, covering ponds with panels that generate energy while utilizing the same space for large-scale aquaculture production.

Almost nobody knows this, but over 73% of the ocean floor has never been mapped with modern technology, an area larger than four Africas remains invisible, while we know more about the surface of Mars than the bottom of our own planet.

China tested in orbit something that Starlink does not have: a laser capable of transmitting at 1 Gbps from double the distance, with only 2 W of power.

China bets on the Fishery-PV model and transforms fish farms into giant solar plants, covering ponds with panels that generate energy while utilizing the same space for large-scale aquaculture production.

China creates hypersonic engine that can make planes and missiles fly more than 6 times the speed of sound with less weight, more range, and without system change.

With over 14 million baskets of earth moved, an ancient North American metropolis built a monumental pyramid of 30 meters and established a city with 20,000 inhabitants nearly a thousand years ago.

A 1,900-year-old treasure emerges from a Roman house destroyed by fire and sealed since antiquity in Romania, with coins and metals fused among the ashes.

Tecnogera opens an offshore position with a mixed schedule for those who want to work on board in Macaé (RJ) with benefits including Meal Voucher, Transportation Voucher, Life Insurance, and more.

Nurse Technician to Be Compensated R$ 30,000 After Company Denies Breastfeeding Break and Violates Mother and Child’s Rights

Labor Court Ruling Recognized That the Nursing Technician Had Rights of the Mother and Child Violated, Increasing Compensation from R$ 10,000 to R$ 30,000

The Right to Breastfeeding Breaks

Major Oil, Gas, and Energy Event Will Take Place in Brazil: Macaé Energy Will Gather Petrobras, Equinor, Prio, Among Other Suppliers and Energy Executives for Business, Networking, and Employment Opportunities

Company’s Arguments and Judicial Decision

The Importance of Gender Analysis in the Case

Impacts on the Labor Market

For 45 years, Spain and Morocco have been trying to connect Europe to Africa through a project of just 14 kilometers in the Strait of Gibraltar, and an active tectonic fault on the seabed continues to make the project nearly impossible.

At just 14 years old, a boy creates a system without energy, using steel pipes buried in the ground, that irrigates seedlings with moisture from the air, to combat the water scarcity threatening reforestation in northern China.

Where there was only sand and wind at 40 degrees, China built a megacity of 500,000 inhabitants with farms, wineries, and universities in the middle of the desert using melted glacier water from hundreds of kilometers away.

China bets on the Fishery-PV model and transforms fish farms into giant solar plants, covering ponds with panels that generate energy while utilizing the same space for large-scale aquaculture production.

Almost nobody knows this, but over 73% of the ocean floor has never been mapped with modern technology, an area larger than four Africas remains invisible, while we know more about the surface of Mars than the bottom of our own planet.

China tested in orbit something that Starlink does not have: a laser capable of transmitting at 1 Gbps from double the distance, with only 2 W of power.

The Chamber opens a debate on driver’s licenses at 16 years old as part of a reform that includes around 270 proposals to change the Brazilian Traffic Code and may redesign rules for licensing, enforcement, and circulation in the country.

The new Civil Code could revolutionize marriages in Brazil with “express divorce” and changes that could exclude spouses from inheritance.

Banco do Brasil sues famous influencer for million-dollar debt and intensifies debate on delinquency, risks of seizure, and direct impact on Gkay’s credibility.

The Senate approves a bill that criminalizes misogyny, hatred, or aversion towards women, and includes the crime in the Racism Law with a penalty of up to 5 years.

Chamber Approves Bill That Allows Pepper Spray for Women Over 16 and Imposes Strict Rules for Purchase, Possession, and Use as Self-Defense

China bets on the Fishery-PV model and transforms fish farms into giant solar plants, covering ponds with panels that generate energy while utilizing the same space for large-scale aquaculture production.

China creates hypersonic engine that can make planes and missiles fly more than 6 times the speed of sound with less weight, more range, and without system change.

With over 14 million baskets of earth moved, an ancient North American metropolis built a monumental pyramid of 30 meters and established a city with 20,000 inhabitants nearly a thousand years ago.

A 1,900-year-old treasure emerges from a Roman house destroyed by fire and sealed since antiquity in Romania, with coins and metals fused among the ashes.

Tecnogera opens an offshore position with a mixed schedule for those who want to work on board in Macaé (RJ) with benefits including Meal Voucher, Transportation Voucher, Life Insurance, and more.