Fisherwomen

Invisibility and Indirect Discrimination Undermining Unemployment Insurance Rights

Abstract

Under current Brazilian legislation, fishing is strictly defined as the capture of natural resources and those who do so are considered pescadores (fishermen). The women present in the artisanal production chain are principally engaged in the processing of fish and, as established by legal provisions, considered workers who support fishing activities; they are not recognized by the State as eligible for social security unemployment benefits, the so-called Defeso. Thus, by regulating the different stages of artisanal fishing, the national legal system indirectly discriminates against women, as the sexual division of labor and the social relations of sex are naturalized as gender norms and reproduced in public policies. This article seeks to show, based on bibliographic review, reflections on qualitative data obtained in socio-environmental research carried out in Fluminense municipalities, and the analysis of the current legislation, the fact that fisherwomen have historically been rendered invisible, as the work they engage in is seen, even when classified by the state administration, as secondary and complementary. Therefore, the constitutional anti-discrimination mandate is disrespected due to the lack of professional recognition and the denial of fundamental social rights, a fact that reduces the income stability and food security of fishing women. A critical examination of fishery legislation highlights the complexity of political processes, especially the challenges and adversity surrounding demands for gender equality.