Idade e trabalho: uma abordagem sÃcio-jurÃdica sobre a limitaÃÃo da faixa de idade para o trabalho no Brasil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

Article 7, subsection XXXIII, of the Brazilian Constitution, providing for age limit to work, was altered by Constitutional Amendment n. 20, dated 15-12-98. The age to go into the work marked was changed from 14 to 16 years, except for apprentice aging 14. Such an alteration brought a dichotomy within maintains in its 3th paragraph, subsection I, of art. 227 the limit age of 14, following the provision of art. 7, XXXIII. The work is a fundamental, social right, but it must never be exercised before the limit age provided by the law, so as to protect school, leisure, moral and social values, among others. However, the modification of the age limit does not correspond to changes to the socioeconomic structure of these adolescents and to the insertion of most of them in assistance program. The chaotic socio-economic pushes the adolescents into the informal labor market, due to the formal prohibition of work for 16-year minors. Since children labor is closely related to such issues as poverty and social misery, its abolition has a direct connection with education. The previous limit â 14 years â performed its role of protecting the adolescent, for its coincides with the end of the compulsory minimum education. The rigidity of the Brazilian legislation, banning the employment to people ender 16, safe for the condition of apprentice over 14, is an advance (dissociated of the national reality, though) in relation to the legislation of other countries of MERCOSUR, which allow light work below the limit age, as provided under Convention n. 138 of International Labour Office, which also leads to legal distortions in judicial decisions, contrary to the law, and to an attitude of noncompliance with the rule, in relation to the permanence of informal work for adolescents, as demonstrated by the brazilian statistics

ASSUNTO(S)

age adolescentes law adolescents direito idade trabalho legislaÃÃo work

ACESSO AO ARTIGO

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