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Continuing the analysis of the discipline in question, the Court found that instead to freelancers, governed by the position. 72 recognizes the allowance only if the child has more than six years of age, without establishing any discrepancy between national and international adoption, where the limit includes both cases.

Regarding these arguments, the Court has expressed his thoughts, stating that the absurd character of this legislation should be considered obvious assumption, as it is expected to identify situations that justify the inconsistent treatment of maternity freelancers with regard to the enshrined in the same circumstances of international adoption, "not only for female employees, but also for the self-employed, type certainly more similar to that of here."


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The Court suggested that the reasons which led the legislature in 1998 to exceed the limit of six years of age for the discipline of motherhood in inter-country adoption, as is clear from the report to the bill for the approval and implementation of the agreement of Hague, are essentially found in the determination concerning the complexity deriving from the integration of foreign children in the family and in school institutions, which increase significantly with the growth, demanding especially in the initial phase "special support by the new parents. "

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