La estabilidad laboral reforzada a la mujer embarazada o lactante: dinamismo jurisprudencial, viraje de precedente y cánones preexistentes que viabilizan su concesión

Abstract

Over the past 27 years, there have been significant changes in the jurisprudence of the Constitutional Court, particularly, in the precedent for the reinforced job stability of pregnant women, where, at the beginning of that period, the Court was much more strict, exegetic and demanding with the pregnant woman, when demanding several sine qua non requirements for the prosperity of the guardianship, in the cases in which she was dismissed while pregnant; on the contrary, it was more lax with the employer. Subsequently, the burden of probation to the pregnant woman was diminished and became much more severe with the employer, in the assignment of obligations concerning the case. Lately, she assumed a much more eclectic stance, being concessionary and guarantor, both with the pregnant woman and with the employer, who, at the time, dismissed her from the work. Thus, in this article each of the positions assumed by the highest constitutional body, the turns and foundations of the same, within the presidential sentences will be expounded, in the period: 1992 - nowadays, last period, in which it tends for the balance in the adjudication of the probationary and pecuniary charges.