By Israel Cruz

In a decision published on 03/16/2020, Minister Edson Fachin, of the Federal Supreme Court (STF), granted a preliminary injunction in the Direct Action of Unconstitutionality (ADI) 6327, filed by the Solidariedade party, to determine: the need to extend the benefit, as well as considering as the initial term of maternity leave and the respective maternity salary the hospital discharge of the newborn and/or his/her mother, whichever occurs last, when the period of hospitalization exceeds the two weeks provided for in art. 392, §2, of the CLT, and in art. 93, §3, of Decree No. 3,048/99. [1]

Given the granting of the preliminary injunction, the matter was forwarded to the plenary of the STF for consideration of the decision, the judgment of which is scheduled for 03/27/2020.

[1] Preliminary Decision – Published on 03/16/2020, in the Electronic Judicial Gazette – accessed on 03/18/2020 at 1:42 pm - http://www.stf.jus.br/portal/autenticacao/autenticarDocumento.asp under code D53F-CB4B-A181-6E95 and password 532A-62FA-AD01-B5B2