Article 384 was inserted into the consolidation of labor laws - [1] in a specific chapter of women's work protection, so that in case of extra hours, the worker is entitled to a compulsory rest of 15 (fifteen) minutes before the start of the extraordinary journey.

There is a lot of controversy in the interpretation and application of the precite device. After all, would he have been recepted by the Federal Constitution of 1988, even with the express forecast of the principle of equality, enrolled in Article 5, i, of the Magna Charter [2]? There are distinct understandings on the subject, predominating in the TST - Higher Court of Work - however, the current under which the interval provided for in Article 384 was received by the Greater Law and is intended for women alone.

Notwithstanding such understanding, many workers, on the basis of the same legal basis, postulate the deferral of the estimated interval prior to the extraordinary journey.

in a recent decision provided by the second class of the Superior Court of Labor, was confirmed the consideration pacified by the labor court, behold that he did not know the review of a male watchman who pleaded the payment for fifteen minutes before Extraordinary labor.

In that action, the worker claimed that, under the constitutional principle of equality, he would have the right to pay the interval of Article 384 not enjoyed during contractuality.

Thus, in that decision, the Minister Delaíde Miranda Arantos argued that the interval pleaded by the worker is limited to the matter inherent to the work of the woman because of his peculiar biosycial condition. The magistrate stated that even though men and women are equal in rights and obligations, psychosocial differences justify the differentiated treatment of women in this aspect.

[1] Art. 384 - In case of extension of the normal time, a rest of 15 (fifteen) minutes at least before the beginning of the extraordinary period of work will be mandatory.
[2] Art. 5º All are equal before the law, without distinction of any nature, guaranteeing Brazilians and foreigners residing in the country the inviolability of the right to life, freedom, equality, security and property, in the following terms: > I - men and women are equal in rights and obligations under the terms of this Constitution;