The Ambivalences of Labor Law for Gender Equality in Brazil and France
摘要
The use of home office as a strategy for reconciling professional and family life already occurred before the Covid pandemic, but it was from there that its use was generalized as a necessity arising from the confinement measures. When staying at home became mandatory, what happened to the conciliation of professional and private life from a gender perspective? What would have been a possible solution to a more egalitarian division of childcare work and housework turned out to be the opposite. Indeed, home office during the pandemic highlighted the limitations of the law in relation to the challenge of gender equality. In this study, we intend to analyze the legal texts and the factual contexts of France and Brazil on home office and the sharing of domestic and care work during the pandemic, using the method of gender analysis of law with an intersectional perspective, to verify the “necessary factors”, which are those without which results cannot happen, and “sufficient factors”, as being those that produce or initiate a consequence. As a result, we will present reflections on the ambiguities that exist with home office, capable of reinforcing gender stereotypes as an obstacle to achieving equality.