The pregnant woman has the right to stability since pregnancy confirmation up to five months after childbirth. This is a right to protect the nasculum, regardless of the knowledge of the gravidic state by the maid. This right is provided for in Article 7, XVIII, of the Federal Constitution of 1988 and Article 10, II, B, of the ADCT.

In the words of Volia Bonfim Cassar [1], employment stability is the guarantee that the employee must not be fired in the hypotheses provided by law or in the employment contract. This right attenuates the farewell power of farewell by the employer.

The understanding of the Superior Court of Work, in turn, is in order to seal the arbitrary dispensation of the pregnant maid. However, since there is no regulation provided for the request for resignation by the maid, it has total freedom to make such a decision.

Logo, termination of the employment contract on the initiative of the pregnant woman, is not entitled to the substitutional indemnity and the recognition of provisional stability, since there is no breach of Article 10, II, B, of the ADCT, nor of the Constitutional.

This was the recent understanding adopted by the fourth class of the Superior Court of Work, in the number 20205-26.2012.5.20,0009, wherein the ministers judged did not know the magazine appeal brought by the author.

[1] Cassar, Voly Bomfim. Work right. 09. Ed. São Paulo: Editora Method, 2014