As crianças têm direitos trabalhistas? análise jurídica do trabalho infantil na perspectiva da jurisprudência dos tribunais superiores

Abstract

It discusses how the Superior Courts, especially the Federal Supreme Court and the Superior Labor Court, have addressed the issue of child labor in their jurisprudence, through the analysis of judgments considered more innovative and relevant in relation to the subject. It deals with early work as, in addition to a social problem, a phenomenon that produces legal effects, for which the phenomenon is analyzed from the perspective of Civil Law and Labor Law. It is, therefore, an applied, propositional and post-critical research, since, in addition to criticizing the state of affairs related to child labor in Brazil, it proposes alternatives tofacethe social problem studied. It is also a bibliographical, jurisprudential and legislative research, through the analysis of books, legal articles, international documents, legislation and jurisprudence related to child labor, with qualitative, pure and descriptive and exploratory research. The text addresses the social phenomenon of the exploitation of child labor in Brazil since its origin, with the arrival of the colonizers in the 16th century, as well as the evolution of the aforementioned social scourge over the years to its contemporary form. Then, it addresses the normative evolution regarding the prohibition of the exploitation of work by children and adolescents and the establishment of the minimum age for work in the domestic and international systems. Therefore, a legal analysis of early labor is made, analyzing issues such as employment relationship, employment contract, nullities and civil and labor capacities, as well as defending the existence of the principle of hyperprotection in employment relationships involving children under eighteen years of age. Finally, it analyzes the main judgments of Superior Courts involving the theme according to their relevance and innovation. In the end, it is concluded that the Superior Courts, especially the STF and the TST, when judging demands related to child labor and the other legal consequences that this labor exploitation causes, do so observing the constitutional principles of full protection and the best interest of children and adolescents, in order to recognize that the prohibition contained in article 7 of the Constitution of the Republic aims to protect the aforementioned subjects of rights, and thus cannot be used to their detriment.