Child labour in Brazil

Child labor in Brazil is one of the country's social problems. More than 2.7 million young people between 5 and 17 years of age work in the country, with 79 thousand children between 5 and 9 years of age, according to data from the Brazilian Institute of Geography and Statistics (IBGE) in 2015[1], despite law established 16 years as the minimum age for entering the labor market and 14 to work as an apprentice.[2]

About 30% of child labor is in the agricultural sector; region-wise, 60% in the North and Northeast; ethnicity-wise, 65% of black children; gender-wise, 70% of boys.[1] According to the International Labor Organization (ILO), poverty is one of the main causes of child labor in the world, and Brazil is no different. Children are forced to work in order to increase family income, leaving aside studies and social life.[3][4]

Since the enactment of the 1988 Constitution, which prohibits child labor[2], the Brazilian government has stepped up against this form of exploitation, by adhering to international conventions on the subject. There were social movements such as #ChegaDeTrabalhoInfantil, changes in laws and investments in income-generating programs for families, notably Bolsa Família as probably the most well-known conditional cash transfer program in Latin America.[3] [4]Progress is achieved as the number of young people working went from about 8 million in 1992 to 5 million in 2003.[4]

Despite the improvements, the momentum still carried on and if the efforts being made are suspended now, it will be as if nothing had happened. Brazil accounts for a quarter of children working in Latin America and in the comparison between 2014 and 2015 there was a 13% increase in the number of children under 10 years of age in this situation.[1] During the year 2016 were registered 1 238 reports of cases of child exploitation to the Public Prosecutor's Office.[1] Many cases of child labor in informal economies such as child prostitution or drug trafficking went unrecorded.[5]

Definition

Federal constitution of Brazil: protection of minors appears in article 7, XXXIII in which it prohibits night work, dangerous or unhealthy for teenagers under 18 years and any work under 16 years, (apprentices allowed starting at 14 years).[6]

However, on the international stage, definitions of child labor vary between organizations.

The term 'child labour', according to ILO[7], is defined as "work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development". It refers to work can cause damage to children mentally, physically, socially or morally, work that deprives children's ability to attend school, work that place heavy burdens on them alongside schoolwork. There is no universal definition of child labor according to ILO since the definition largely depends on the context of the working environment, the legal working age and the type of work engaged. Among all the forms of child labor, ILO defines child slavery, child prostitution, child crime-work (drug trafficking) and any work that jeopardizes the safety of children as the worst forms of child labor. [7]

UNICEF has different criteria for child labor. For children between 5 to 11 years old, they are categorized as child labor if at least one hour of economic activity or at least 28 hours of domestic work was performed by them weekly. For children between 12 and 14 years of age, at least 14 hours of economic activity or at least 42 hours of economic activity and domestic work per week make them child labor.[8]

History

Child labor issue has been a part of Brazilian history since 1500. However, because the notion of youth or child was not well defined until the middle of the nineteenth century in Brazil[9], there was limited information on child labor before the 20th century.[5] Early documentation of Portuguese vessels indicated evidence of minors working in the 16th century for sea trips, as labor for immigrants from Portugal and other parts of Europe.[10] Though children engaged in domestic work prior to the arrival of European settlers, the degree of child labor in Brazil intensified drastically after.[11] The first organization to use minors as labor force was the Brazilian Navy during the Paraguay War.[5] Data suggested over 600 children between age nine to age twelve were on the battlefield.[12] This involvement with military or contact with weapons characterizes some of the worst forms of child labor in Brazil even up to today. Children in favelas are seen as valuable and desirable middlemen in drug trafficking since their age makes them immune to legal prosecution according to the law.[13] Not surprisingly, children were used widely as labor force during the slavery period just as other colonial regions. They worked on plantations for sugar production.[14] Slaveholders embraced the idea of making children work since the overall productivity increases without taking in more slaves.[15]

Industrialization in Brazil, starting from the late 19th century, carried on the exploitation of children during the slavery period. Capitalists were willing to take in minors since there was no regulation and they are of low cost. In São Paulo, the center of industrialization where a lot of workforces was demanded, there were ads published by textile sectors to recruit children in the mid-1870s.[16] As a matter of fact, the majority of the working class of São Paulo was made up of poor immigrants and the work of immigrant children was a source of income that some families dependent on. [12]25 percent of the labor force of the textile industry of São Paulo was children in the year 1890.[5] In Rio de Janeiro, 64 percent of workers in a textile factory were children during 1865.[17] Children suffered physical injuries or even death due to the harsh work they engaged, the poor working conditions they worked in or even the violent treatment of their business owners. For example, Armando Dias, a minor worker in the textile industry, was killed by an electric shock during work in November 1913.[12] When a teenager Francisco Augusto de Fonseca didn't perform his job up to the owner's expectation, his face was brutally hit by the owner.[12] Child labor during this period was seen as necessities: capitalists exploited the low cost of minor workers and used them to suppress the wages for adult workers; poor families also need children to work to support their life. [5]

Attempts to protect the rights of children and regulate child labor emerged during the late 19th century. [5] There was a decree in 1891 that concerned minor employees in the factories of the Federal Capital.[18] In 1912, Brazilian Labour Confederation was established and it endeavored to push for restrictions on child labor. [19] In 1917, workers in São Paulo went on a strike and part of their demands included eradication of night work for workers under the age of 18 and total eradication of work for those under 14. In 1919, a law passed in São Paulo restricted legal working age to 14 years old. The constitutional amendments (1934,1937,1946) rendered any work performed by minors under 14 illegal. But during the military government ruling period, minimum working age was lowered to 12. The 1988 amendment, the 1998 amendment and a law in 2000 together made up of the current legal definition of child labor: prohibiting any form of hazardous work for under-18, prohibiting any form of labor under 16 except for the case of apprenticeships which are allowed at 14.[5]

On 28th Jun 2000, the Brazilian government ratified ILO convention 138.[20] Earlier in the same year on 02nd Feb 2000, the government ratified ILO convention 182.[21]

Current situation

Nowadays, achievements are made in Brazil on the issue and it is clear that the Brazilian governments demonstrate considerable commitment and dedication to eradicate child labor.[22] In Brazil, the Brazilian Institute of Geography and Statistics conducts the Brazilian National Household Sample Survey (PNAD) annually since 1981. This survey boosts the availability of data on child labor issue in the region. In 2005, more than 2.9 million children under the age of 17 engage themselves in some forms of labor. This figure represents 7.8% of the age group back in 2005.[5]

The survey in 2016 indicates that 4.6% of the 5-17 age group (1.8 million out of 30 million) are working, which is a large improvement from 2005. In 2016, most of the minor employments are found in the age group 14-17: 0.2% of the 5-9 age group is working, 1.3% for the 10-13 age group, 6.4% for the 14-16 age group and 17% for the 16-17 age group. The extent to which child labor persists varies between regions. The North and the South have the highest children working rate at 5.7% and 6.3% respectively. For the age group under 14, the North and the Northeast have the highest rate at 1.5% and 1%. In terms of race, the black and brown (Preta e parda) population covers 64.1% of child labor as compared to the 35.9% of the white (Branca). In terms of gender, 65.3% are male children and the rest are females. 47.6% of people 5-13 years exercising agricultural activities, while 21.4% of 14-17 years do so. Some agricultural duties are performed because they are seen as a part of the socialization process, but this occurrence of agriculture as socialization process should not be confused with the fact some children are forced to work in agriculture to compensate family incomes.[23]

Despite the fact that the percentage of child labor is gradually decreasing, many kids in Brazil are still exploited and engaged in hazardous or even the worst forms of child labor. Within the agricultural sector, children fish and harvest mollusks, produce rice, soy and tobacco, involve in charcoal production.[24] Within the industrial sector, children work in quarries[25], produce bricks[26] and slaughter animals[27]. In the service sector, children are found doing street work such as garbage scavenging[28]; they participate in selling alcohol[29]. More severely, children are working for criminal activities[30] or sex business[31]. As a matter of fact, child sex tourism is common in coastal areas that usually attract tourists and girls from other South American countries are involved in commercial sex in Brazil.[31]

Currently, the efforts put in to further reduce child labor are working towards Goal 8 of the Sustainable Development Goals which "Promotes sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all."[32]

Laws on child labor
Standard International Standard Compliance[33] Age Legislation Date of Enactment
Minimum legal working age Yes 16 Labor Code: article 403[34] May 1, 1943
Minimum age for hazardous work Yes 18 Hazardous Work List: article 2[35] June 12, 2008
Prohibition of forced labor Yes Penal Code: articles 149 and 149-A[36] Dec 7, 1940

Oct 6, 2016

Prohibition of child trafficking No Penal Code: article 149-A;

Child and Adolescent Statute: article 244A[37]

Oct 6, 2016

July 13, 1990

Prohibition of commercial sexual exploitation of children Yes Penal Code: articles 218-A 218-B, and 227–228[36]Child and Adolescent Statute: articles 240–241 and 244A[37] Dec 7, 1940

July 13, 1990

Prohibition of child involvement in illicit activities Yes National System of Public Policies on Drugs: articles 33 and 40[38]Child and Adolescent Statute: article 244-B Aug 23, 2006

July 13, 1990

Prohibition of military recruitment
State compulsory Yes 18 Military Service Law: article 5[39] Aug 17, 1964
State voluntary Yes 17 Military Service Regulation: article 127[40] Jan 20, 1966
Compulsory education age Yes 17 National Education Law: article 4[41] Dec 20, 1996
Provision of free education Yes

The Ministry of Labor (MTE) is the major government institution in charge of labor law enforcement. The responsibilities of this institution include conduct child labor inspections, enforce child labor laws and send inspection teams (inspectors, labor prosecutors, Federal Police officers and other law enforcement officials) to sites where child labor problems are suspected.[42]However, existing gaps in the operations of MTE hinder the full enforcement of labor laws. 7491 child labor inspections were conducted in the year 2017, but insufficient fundings limit the abilities of regions where there are no local MTE offices to conduct inspections. [43] For example, in July 2017, inspectors were refused to carry out child labor inspections in the states of São Paulo and Rio Grande do Norte.[44]

Government policies

National Plan to Combat Sexual Violence Against Children and Adolescents (2013–2020)[45]

This plan reaffirms uncompromising commitment to defend the rights of children and adolescents, especially those who are in threatening situations where fundamental rights are violated. Specifically, this plan "identifies strategies to prevent the sexual exploitation of children, protect children’s rights, and assist child victims"[33]. And here are a list of goals this plan tries to achieve.

  1. Ensure preventive action against abuse or sexual exploitation of children and adolescents, primarily through education, awareness and self-defense.
  2. Ensure specialized assistance to children and adolescents in situations of sexual abuse or exploitation, by trained and specialized professionals, as well as ensuring care for the person who commits sexual violence, while respecting the diversity of ethnic-racial condition, gender, religion, culture, sexual orientation, etc.
  3. Update the regulatory framework on sexual crimes, combat impunity, provide skilled reporting and accountability services.
  4. Promote the active participation of children and adolescents for the defense of their rights in the development and implementation of protection policies.
  5. Strengthen national joint, regional and local coping and the elimination of abuse or sexual exploitation involving media, networking, forums, commissions, councils.
  6. Understanding the expressions of abuse or sexual exploitation of children and adolescents through diagnostics, data collection, studies and research.

National Plan for the Eradication of Forced Labor[46]

Forced labor is an integral part of the child labor issue in Brazil. Some children are forced to do domestic work or play in the soccer clubs; some children are forced to produce coffee and manioc.[47] The current version of the National Plan for the Eradication, introduced in 2008, establishes the policy framework in combating forced labor. Some of the main things this plan tries to do are:

  1. Keep the eradication of forced labor as a priority for the state.
  2. Establish integrated operational strategies of action in relation to the preventive actions of the executive bodies, prosecutors and civil society in order to eradicate forced labor.
  3. Create and maintain a database containing information of key players involved in the fight against forced labor to assist in prevention and repression actions and drafting of laws.
  4. Provide national and regional mobile inspection teams in sufficient numbers to meet the complaints and demands of the annual plan of inspection.

National Education Plan (2014-2024)[48]

Education is believed to some extent the best solution to child labor issues.[49] The National Education Plan is a demonstration of the determination of the Brazilian government to improve the quality and accessibility of education. This plan entails 20 goals and it not only encompasses basic education for children, but it also aims to promote the quality of higher education. For example, goal 14 states that the plan endeavors to gradually increase the number of enrollments in graduate school.

Social programs

There are many social programs in Brazil that aim to address child labor directly or indirectly. Some of them are funded by governments like the famous Bolsa Família, the conditional cash transfer program introduced during the Lula period. Some of them take the form of social media and gather attention on the internet such as #ChegaDeTrabalhoInfantil (#stopchildlabor).

National Program to Eradicate Child Labor[50]

This program is a set of actions that aim to remove children and adolescents under 16 from early work, except as an apprentice from 14 years. The program, besides ensuring a direct transfer of income to families, offers the inclusion of children and young people in counseling and follow-up services. Attendance at school is also required. It is initiated and administered by the Ministry of Social Development.[50] The Federal Government pays a monthly grant: of R $ 25 per child in activity for the family who withdraws the child labor, in municipalities, in rural or urban areas, with a population of less than 250,000 inhabitants; of R $ 40 per child, in urban activity, in capitals, metropolitan regions and municipalities with a population 250,000 inhabitants. The benefited family has to ensure a higher than 85% attendance of their kids above clearing them from child labor to receive the grant.[51]

Bolsa Família

Bolsa Família is a social welfare program of the Government of Brazil, part of the Fome Zero network of federal assistance programs. Bolsa Família provides financial aid to poor Brazilian families; and if they have children, families must ensure that the children attend school and are vaccinated. If they exceed the total of permitted school absences, they are dropped from the program and their funds are suspended. In 2017, 93.1 percent of 6–15 years old achieve 85 percent school attendance; 82.3 percent of 16–17 years old met the minimum requirement of 75 percent school attendance.[33] However, there are researches suggest that Girls receive dramatic more benefits from this program and boys are no significant affected.[52]

#StopChildLabor Campaign

In 2017, the Public Ministry of Labor (MPT) has begun the campaign " #stopChildLabor" that seeks the engagement of Internet users in social networks, encouraging them to post the hashtag gesture in their profiles as a way to support the cause against the irregular work of children and adolescents. The campaign has received support from celebrities, including singers sertanejos Daniel, Chitãozinho and Xororó, former volleyball player Maurício Lima and former basketball player Hortência Marcari.[53]

Other Programs
Name Organizations in charge Description
Living Together and Strengthening Links Program[54] Ministry of Social Development The Service of Coexistence and Strengthening of Links (SCFV) carries out group consultations. Artistic, cultural, leisure and sports activities are provided according to the age groups.

It is a form of planned social intervention that creates challenging situations, stimulates and guides vulnerable groups in the construction and reconstruction of their individual, collective and family histories and experiences.

National Program on Job Training and Employment[55] Ministry of Education Expanding the offer of Vocational and Technological Education (EPT) courses through programs, project and actions of technical and financial assistance. High school students are also among the recipients of beneficiaries.
South-South Cooperation Projects ILO

UNDP

Ministry of Social Development

Ministry of labor

"In 2017, the government hosted representatives from six countries to discuss ILO’s child labor predictor model and the redesign of the PETI program."[33][56]

Reference List

  1. 1 2 3 4 Braziliense, Correio (2017-06-11). "Trabalho infantil atinge 2,7 milhões de crianças e adolescentes no Brasil". Correio Braziliense (in Portuguese). Retrieved 2018-10-08.
  2. 1 2 "Brasil registra aumento de trabalho infantil entre crianças de 5 a 9 anos". Agência Brasil (in Portuguese). 2017-06-12. Retrieved 2018-10-08.
  3. 1 2 "Convenções da OIT intesificam combate ao trabalho infantil | BBC Brasil | BBC World Service". www.bbc.com. Retrieved 2018-10-08.
  4. 1 2 3 "Tire suas dúvidas sobre trabalho infantil no Brasil | BBC Brasil | BBC World Service". www.bbc.com. Retrieved 2018-10-08.
  5. 1 2 3 4 5 6 7 8 Child labour's global past, 1650-2000. Lieten, Kristoffel., Nederveen Meerkerk, Elise van. Bern: Peter Lang. 2011. ISBN 9783035102185. OCLC 811259893.
  6. "O trabalho infantil no Brasil". DireitoNet (in Portuguese). Retrieved 2018-10-09.
  7. 1 2 "What is child labour (IPEC)". www.ilo.org. Retrieved 2018-10-08.
  8. "UNICEF - Definitions". www.unicef.org. Retrieved 2018-10-08.
  9. Gutiérrez, Horácio; Lewkowicz, Ida (1999). "Trabalho infantil em Minas Gerais na primeira metade do século XIX". Locus - Revista de História (in Portuguese). 5 (2). ISSN 1413-3024.
  10. Pestana Ramos, Fábio (1999-01-01), A História Trágico-Marítima das crianças nas embarcações portuguesas do século XVI., pp. 19–54, ISBN 8572441123, retrieved 2018-10-08
  11. Boas práticas : combate ao trabalho infantil no mundo. International Labour Office., Brazil. Ministério do Desenvolvimento Social e Combate à Fome., Brazil. Ministério do Trabalho e Emprego., Brazil. Ministério das Relações Exteriores. Brasília: DF. 2015. ISBN 9788560700868. OCLC 930464628.
  12. 1 2 3 4 História das crianças no Brasil. Del Priore, Mary. São Paulo, SP: Editora Contexto. 1999. ISBN 8572441123. OCLC 43628836.
  13. Veloso, Leticia (2012-10-01). "Child Street Labor in Brazil: Licit and Illicit Economies in the Eyes of Marginalized Youth". South Atlantic Quarterly. 111 (4): 663–679. doi:10.1215/00382876-1724129. ISSN 0038-2876.
  14. Combatendo o trabalho infantil : guia para educadores. International Programme on the Elimination of Child Labour., Centro de Estudos e Pesquisas em Educação, Cultura e Ação Comunitária. (1a ed ed.). São Paulo, SP, Brasil: CENPEC-Centro de Estudos e Pesquisas em Educação, Cultura e Ação Comunitária, Programa Internacional para a Eliminação do Trabalho Infantil, IPEC, Organização Internacional do Trabalho, Escritório no Brasil. 2001. ISBN 9228110406. OCLC 48214253.
  15. Child Labour's Global Past, 1650-2000". eds.b.ebscohost.com.
  16. Moura, Esmeralda (1982). Mulheres e menores no trabalho industrial: os fatores sexo e idade na dinâmica do capita.
  17. 1952-, Foot, Francisco, (1991). História da indústria e do trabalho no Brasil : das origens aos anos 20. Leonardi, Victor, 1942- (2a. ed. ed.). São Paulo: Editora Atica. ISBN 8508037562. OCLC 27266945.
  18. Campos, Herculano Ricardo (2001). "TRABALHO INFANTIL PRODUTIVO E DESENVOLVIMENTO HUMANO".
  19. Dulles, John W. F. (1977). Anarquistas e comunistas no Brasil: 1900-1935 (in Portuguese). Nova Frontera.
  20. "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org. Retrieved 2018-10-09.
  21. "Ratifications of ILO conventions: Ratifications by Convention". www.ilo.org. Retrieved 2018-10-09.
  22. "Trabalho Infantil no Brasil". Toda Matéria (in Portuguese). Retrieved 2018-10-10.
  23. "PNAD Contínua - Trabalho Infantil". loja.ibge.gov.br (in Portuguese). Retrieved 2018-10-10.
  24. O Trabalho Infantil no Brasil. ABRINQ Foundation. 2017.
  25. "Globo Repórter mostra imagens de trabalho infantil no estado do Piauí". redeglobo.globo.com (in Portuguese). Retrieved 2018-10-10.
  26. "Não é brincadeira: O trabalho infantil que Santa Catarina não vê". agenciaal.alesc.sc.gov.br. Retrieved 2018-10-11.
  27. "Despite Strict Laws, Child Labor in Brazil Is Not Going Away". Retrieved 2018-10-11.
  28. "Treaty bodies Download". tbinternet.ohchr.org. Retrieved 2018-10-11.
  29. "Trabalho infantil no Nordeste perpetua o ciclo da pobreza e miséria". www.opovo.com.br (in Portuguese). Retrieved 2018-10-11.
  30. "Traficantes cariocas recrutam e armam crianças cada vez mais novas para o crime". epoca.globo.com. Retrieved 2018-10-11.
  31. 1 2 des Hommes, Terre (May 9, 2014). "Sexual Exploitation of Children in Brazil: Putting a Spot on the Problem" (PDF). Retrieved Oct 10, 2018.
  32. "Goal 8: Decent work and economic growth | UNDP". UNDP. Retrieved 2018-10-10.
  33. 1 2 3 4 "Findings on the Worst Forms of Child Labor - Brazil". United States Department of Labor. 2016-09-30. Retrieved 2018-10-11.
  34. "http://www.planalto.gov.br/ccivil_03/decreto-lei/Del5452.htm". www.planalto.gov.br. Retrieved 2018-10-11. External link in |title= (help)
  35. "http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2008/Decreto/D6481.htm". www.planalto.gov.br. Retrieved 2018-10-11. External link in |title= (help)
  36. 1 2 "L13344". www.planalto.gov.br. Retrieved 2018-10-11.
  37. 1 2 "http://www.planalto.gov.br/ccivil_03/leis/L8069.htm". www.planalto.gov.br. Retrieved 2018-10-11. External link in |title= (help)
  38. "http://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm". www.planalto.gov.br. Retrieved 2018-10-11. External link in |title= (help)
  39. "L4375". www.planalto.gov.br. Retrieved 2018-10-11.
  40. "http://www.planalto.gov.br/ccivil_03/decreto/d57654.htm". www.planalto.gov.br. Retrieved 2018-10-11. External link in |title= (help)
  41. "http://www.planalto.gov.br/ccivil_03/Leis/L9394.htm". www.planalto.gov.br. Retrieved 2018-10-11. External link in |title= (help)
  42. "Página inicial". trabalho.gov.br (in Portuguese). Retrieved 2018-10-11.
  43. Trabalho Infantil nos ODS. Fórum Nacional de Prevenção e Erradicação do Trabalho Infantil (FNPETI). 2017.
  44. "Ministério do Trabalho nega pedidos de fiscalização por falta de recurso, diz MPT". O Globo (in Portuguese). 2017-07-26. Retrieved 2018-10-11.
  45. Plano Nacional de Enfrentamento da Violência Sexual contra Crianças e Adolescentes. (2013)http://www.crianca.mppr.mp.br/arquivos/File/publi/sedh/08_2013_pnevsca.pdf
  46. "2º Plano Nacional para a Erradicação do Trabalho Escravo" (PDF). Conselho Nacional de Justiça. 2008.
  47. "Treaty bodies Download". tbinternet.ohchr.org. Retrieved 2018-10-13.
  48. Ministério da Educação. Planejando a Próxima Década - Conhecendo as 20 Metas do Plano Nacional de Educação. 2014http://pne.mec.gov.br/images/pdf/pne_conhecendo_20_metas.pdf
  49. "Educação é fundamental para combater trabalho infantil". www.unric.org (in Portuguese). Retrieved 2018-10-13.
  50. 1 2 http://www.chegadetrabalhoinfantil.org.br/wp-content/uploads/2018/06/comissao-municipal-do-peti.pdf
  51. "PETI - Programas Sociais | Caixa". www.caixa.gov.br (in Portuguese). Retrieved 2018-10-13.
  52. de Brauw, Alan; Gilligan, Daniel O.; Hoddinott, John; Roy, Shalini (2015-06). "The Impact of Bolsa Família on Schooling". World Development. 70: 303–316. doi:10.1016/j.worlddev.2015.02.001. ISSN 0305-750X. Check date values in: |date= (help)
  53. "MPT lança campanha contra à exploração do trabalho infantil". Justificando (in Portuguese). 2017-06-09. Retrieved 2018-10-13.
  54. "Convivência e Fortalecimento de Vínculos". http://mds.gov.br/. External link in |website= (help)
  55. "Pronatec" (in Portuguese). Retrieved 2018-10-13.
  56. "Brasil e outros seis países latino-americanos testam ferramenta estatística sobre trabalho infantil". ONU Brasil (in Portuguese). 2017-09-20. Retrieved 2018-10-14.
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