Unanimously, the Court validated the CLT rule and defined that the obligation to offer the locations lies with the shopping mall administrators
The Federal Supreme Court (STF) decided this Wednesday (27 March 2026) that shopping malls must guarantee breastfeeding spaces for store employees.
Unanimously, the Court validated the Consolidation of Labor Laws (CLT) rule that obliges companies that have more than 30 women to have appropriate places for employees to breastfeed their children.
According to understanding, the CLT rule must be complied with by the shopping mall administrator, and not by the store owners. Shopping malls will have up to one year to implement the decision.
The case reached the Supreme Court through an appeal filed by a shopping mall in Natal, which was ordered by the Labor Court to guarantee space for store employees.
The enterprise maintained that the labor obligation cannot be transferred to the mall administrator.
According to the administrator, the store owners, who are employers, have the legal duty to guarantee the rights of their employees.
VOTES
The case’s rapporteur, Minister Gilmar Mendes, acknowledged that shopping malls must provide places for breastfeeding, but considered that the costs must be passed on to store owners.
“As this is a transfer of obligations that is being promoted, through a broad interpretation of the CLT, I think that the right of the shopping center to pass on, to its condominium tenants and effective employers of the benefited professionals, the costs of implementing and maintaining the structure must be recognized, at the very least”.
Minister Flávio Dino refuted the allegations of financial losses and said that the shopping mall sector is experiencing an economic moment of “great strength” and there is no low-sufficiency enterprise.
The minister also mentioned that the Supreme Court itself has a breastfeeding space.
“We all walked through the court premises and found our employees with their babies in their arms. The shopping mall clerks are no less than our servers”he completed.
Moraes added that it makes no sense to force each store owner to have a breastfeeding space.
“Very few store owners have 15 women [funcionárias]. Only anchor stores have it. The mall management can easily find a quiet location. There is no need for large investments”he completed.
Cármen Lúcia, the only minister of the Court, stated that the Constitution guarantees maternity protection.
“What the mother wants at this stage is the right to peace of mind. She doesn’t want to be desperate at work. She prefers to give up work, that’s what has happened, including in the judiciary”he commented.
Ministers Cristiano Zanin, André Mendonça, Nunes Marques, Luiz Fux, Dias Toffoli and Edson Fachin completed the unanimous score.
This text was originally published by , on May 27, 2026. The content is free for republication, citing the source, and was adapted to the standard of Poder360
