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The constitutional studies whether the shortest duration of paternity leave is legal

The High Court admits to an appeal of amparo that claims the equalization of the permissions of fathers and mothers

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The constitutional studies whether the shortest duration of paternity leave is legal

The Constitutional Court has admitted to a legal remedy that calls for equalization of maternity and paternity permits. The claim comes after a parent claims Social security that equate by applying for four months of leave, such as mors, and to respect 100% of regulatory base.

In a car signed on 10 April, magistrates of High Court have agreed to admit this appeal. This decision is meaningful, since not all are admitted. However, it does not determine that final decision will be favorable to plaintiff, who has support of Platform for equal and non-transferable permits of birth and adoption (PPiiNA).

Among arguments given by tribunal to "collect for itself resources of amparo", car exposes, are that matter gives him opportunity to "clarify or change his doctrine". It also points out that question raised transcends specific case because it "raises a relevant legal issue and generates social and economic impact".

This first decision of court arrives in case of a far, according to communiqué of PPiiNA, which claimed with Social security a permission of four months paid with 100, 1% of corresponding regulatory base. At this time, paid leave of men is five weeks and will rise to six when budgets are approved.

Along with this far, re are eight or resources that will reach constitutional by procedures initiated in 2016, Avanza PPiiNA. "This is first positive response that is given to platform's demand," he continues.

"It is an opportunity to overcome an ancient, outdated constitutional doctrine that is not based on what should be purposes of permits. An obsolete regulation that no longer adapts to aspirations of equality of citizenry: permits must not only allow care of newly arrived creature, but also that such care is carried out equally between two progenitor persons ", The association abounds.


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