O princípio da proteção integral e o trabalho da criança e do adolescente no Brasil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

This work points out the actions of prevention and eradication of child work and the protection which is being established for the adolescent worker in Brazil. To elaborate such work in detail, the author not only made use of theoretical research, but also empiric observation, having children and teenagers as main interest of studying. Beginning with the adoption of the historic and evolutionary procedure, advancing upon axiological and logical systems, making use of deductive, hypothetic-deductive and inductive methods (working always with systematizing forms), it was possible to come to useful conclusions. In fact, it gives modest contributions to the study of this attracting and worrisomely theme. The substantive underage was abolished, and the terms child (a person who is less than 12 years old) and teenager (between 12 and under 18 years old) were used instead. Without ignoring the existing difference but promoting the internal terminological and juridical adaptation of the expression, child work was regarded as the one accomplished by children and teenagers under 16 years old (except those who begin working at the age of 14 as learners). By being essentially prohibited, it must be eradicated. In a context which grants normative power to the principles, the Principle of Integral Protection, made positive by the article 227 of our Constitution and by the first article of ECA, deserved a deep analysis, concluding that the exercises of normative powers should rule both in the sphere of creation with actions being imposed according to the legislator and in the application, in this case addressing to the Judge State to make him adopt what some classify as the hermeneutic of emancipation. Statistic investigations were not put aside, and they confirm the following: in contemporary history, the exploration of child work is a global phenomenon. In the whole world, 352 million of children and teenagers, between 5 and 7 years old almost 23% of the world population belonging to this age average In Brazil, this army was almost 5.5 million in 2001. It is believed to be that 48.6% carried out some activity without any remuneration, in regime similar to that of slavery. If the action of fighting has just begun, the advantage is that the problem is being faced seriously, because it was raised as a social question, especially concerning those children doing housework, an open wound encrusted in the secret of several living places. The special custody to the adolescent analyzed the general norms of protection: minimum age, prohibition against insalubrious and evening work, which is considered to be hard and dangerous jobs, besides other aspects. It came down to particularities, focusing on learning, especial model of labor agreement, which requires an observation at CTPS. Since it is mediated by a social entity, this is a licit hypothesis of connection. The study also focuses on educative work and supervised probation, pointing out the fact that this period of labor can not be turned into an artifice to hide the offering of cheap manual work. There was no intention to exhaust this subject. The main purpose of this work was a contribution in order to find enough scientific answers to many questions which involve such troublesome theme.

ASSUNTO(S)

erradicação proteção trabalho educativo estágio eradication underage menor direitos das crianças prevenção adolescent learning child child work principle protection probation direito trabalho infantil educative work direitos dos adolescentes prevention

ACESSO AO ARTIGO

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