O reconhecimento do trabalho infantil como tempo de serviço para fins de concessão de aposentadoria no Brasil decorrente da responsabilidade do estado por omissão na oferta de políticas públicas para crianças e adolescentes.

Abstract

This dissertation focuses on examining the recognition of child labor as time of service for the granting of retirement benefits in Brazil, as a consequence of the responsibility of the State for its omission in the provision of public policies for care for children and adolescents. It is evident that the counting of the period of time of child labor performed by children and adolescents becomes possible to be computed as contribution time for the purpose of granting retirement from judicial decisions. In this context, the question is: can the omission in the provision of public policies for children and adolescents by the State generate the responsibility of recognizing the time of rural child labor for retirement purposes? In this sense, it is presented as a hypothesis that public policies of care for the prevention and eradication of child labor, although they exist, are insufficient to achieve the universality of protection for children and adolescents, and, consequently, generates the responsibility of the State to recognize the time count of child labor. Thus, considering that the child or adolescent when they arrive at the time of adult life to request the benefit of retirement can not be penalized twice, that is, one for giving up their childhood and youth to work, another when there is no due recognition of the counting of the time for retirement resulting from child labor. Therefore, the counting of the time resulting from rural child labor is another way to hold the Brazilian State responsible for the omission in the provision of public care policies for the prevention and eradication of child labor. To answer the research problem, we use the technique of bibliographic and documentary research, the methods of monographic procedure and inductive approach. The study is justified by its relevance, because it is focused on the lines of research that make up the course, specifically the Human Rights of Children, Adolescents and Youth, and because it is also the line of research in public policies of social inclusion. In concluding notes, the hypothesis raised is refuted, because in the decisions analyzed, the magistrates do not properly face issues related to the omission by the State in the provision of public policies for the eradication and protection against child labor of children and adolescents.