O trabalho infantil artístico

• Autor(a) principal: Oliveira, Tamires Souza
• Data de Publicação: 2016
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35735
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Trabalho infantil em atividades artísticas; Child labor in artistic activities

This study will address the peculiarities of child labor in artistic activities. Having as main object of study the Constitution, Consolidation of Brazilian Labor Laws, Statute of Children and Adolescents, and International Conventions, to analysis of artistic activities job in relation to children under 16, the competent court for review and granting of permits and its regulations. The subject of analysis is relevant and is necessary in order once the Federal Constitution, article 7, item XXXIII imposed a total prohibition of work for children under 16 years, with only the exception of the case of apprentices aged 14 years, and still in article 227, and third paragraph provides the full protection of children and adolescents. It turns out that the Convention 138 of the ILO ratified by Brazil through Decree 4.134, of February 15, 2002, provides for the possibility of artistic child labor for those under 16, as opposed to establishing the Constitution. Therefore, it will be addressed in this work which would be the minimum age for artistic child labor of children and adolescents, given the conflict between the provisions of the Federal Constitution and the Convention 138 of the ILO. Also, another important issue to be examined is the discussion about the responsibility for authorization of the artistic child labor, which sphere of the judiciary is competent to judge and approve cases involving the artistic child labor of children and adolescents. This is because the Statute of Children and Adolescents establishes in its Article 149, which the competent judicial authority authorized by permit the participation of children and adolescents in artistic activities, and Article 406, of the Consolidation of Labor Laws, which is dated from May 1st, 1943 states that the juvenile judge may authorize the work of the child. Thus, there is currently debate on doctrine after the Constitutional Amendment No. 45 on December, 30th, 2004 which extended the jurisdiction of the labor courts, the power to permit children and adolescents in artistic activities remains in regular courts, or it would be the responsibility of the Labor Court. Therefore, we will cover the topic in order to verify the positioning of the doctrine and jurisprudence regarding the relevant facts described above: minimum age for working children and adolescents in artistic activities, as well as which of the judiciary organ is competent to authorize and judge cases involving the participation of children and adolescents in artistic activities