Child labor, more than ever, has been the subject of constant debate and discussion, not just because society in general, disapprove, but also and especially for being cruel to children, depriving them of a healthy childhood and a better future.
With the artwork child is different. The company sees the so glamorized, the parents of the children and finally approve the legislation itself, as the Consolidation of Labor Laws (CLT), that Article 406 allows the judges of the Courts of Childhood and Youth authorize the smaller the companies working in circus - as an acrobat, acrobat and gymnast, among others - as long as you have an educational presentation or a piece of participating not harm their moral formation.
A special article this week is about the artwork infant, legislation, regulation and possible levels of authorization of work early - claimed by the Labour Court. The TST ministers are preparing to try a case that calls for banning the artwork of children under 14 in one of the largest television broadcasters in the country, the SBT. The action is the Ministry of Labour.
Deception
The work of artists always charmed children as adults, not only in Brazil but worldwide. A classic example are the child actors in Hollywood and here, who does not remember the children who acted in the Site Yellow Woodpecker?
The fact is that the parents of these children artists are happy to see them acting on television, so that warn his friends that his son will appear on the small screen.
"Society sees the artwork as a normal child, linked to patterns of success and fame," warns attorney Labour Rafael Marques (pictured), national coordinator of the fight against child labor, the Ministry of Labor.
Even the small circus performers who present themselves at traffic lights of the big capitals carry the stigma that magnifies the artwork child. And do not even comovem authorities that allow the continuity of the presentations. "Ultimately settling confront this serious injury rights to reproduce the myth, the false idea that it is better that child be there juggling than robbing, stealing or prostituting themselves," he explains.
Search made with the cast of a children's novel showed blatant disrespect for the law by several factors, such as lack of legal permits allowing the performance of minors, and prohibiting the retention of accompanying the junior artists during testing, recordings and performances. "There is a scarcity special care to adapt the production process to the needs of the artist mirim, and relations are established in ambient pressure, competition and vanity," warned the USP researcher, Sandra Regina Cavalcante (photo).
Psychologist Monica Soares Cazzola defines how delicate the situation of the artwork juvenile, because the Justice and society in general only reprovarem child labor in charcoal production, in agriculture and in domestic environments. "The glamor of career reaches all social classes, so that children are acting in soap operas, theaters and fashion shows and advertising," he said in the article "Child labor art: competence of the State Court or Labour?" published in Journal No. 50 Regional Labor Court of the 1st Region (RJ).
Justice
The child theme artwork is complex and controversial. The Superior Labor Court will review interlocutory appeal from civil action filed by the Ministry of Labor in Sao Paulo, against SBT (Sistema Brasileiro de TV), in order to force the broadcaster to refrain from admitting, in any kind Work, under 16 - except as an apprentice and after 14 years, as specified in Article 7, paragraph XXXIII of the Federal Constitution. The institution also seeks an order that the SBT by collective moral damages in the amount of $ 1 million. But the Labor Court in St. Paul has denied the claims in the first and second instances.
In the lawsuit, the MPT asks that minors are prohibited from acting in artistic programs broadcast by, "being exposed to situations taunting, humiliating and psychologically disturbing", as occurred with the little presenter.
Scare
According to MPT, the station had court order authorizing the participation of only girl in the program "Good Day & Co", aimed at children. But she would have gone to perform at a program "Silvio Santos - Sunday Animated" aimed at adults, for which there was no judicial authorization.
In one of these presentations on Sunday Animated, when faced with another child dressed as a monster, a small studio at Maísa ran crying and screaming desperately, culminating by hitting his head on one of the cameras installed on the stage.
Given the severity of these occurrences, the MPT understood by his immediate action. "Children and adolescents, although they have talent and aptitude for the arts should not be transformed into a source of family income" and should be prioritized his studies, playing and conducting activities consistent with their state of training, said the prosecutor's Work, Orlando Schiavon Junior plaintiff.
To Schiavon, the rule is to prohibit all work under 14, including the artistic child, "because often, mind breaking the principle of full protection, they may be so exceptional, be authorized individually and protected. " All minors must have legal authorization for each new work, as provided in Article 114, paragraph I, of the Constitution and Article 149, section II of the Statute of Children and Adolescents, said the MPT.
Decision
To judge of the Labour Court in Osasco, Jean Marcel Oliveira would not be fair or legal, who, because of a violation committed by the issuer and have repressed, she was prevented from hiring minors duly authorized to participate in its programs. "What would mow his career including several minors who, for personal talent, are having better conditions of personal and financial life for themselves and their families," he said.
This fact led to the conclusion that no violation of law and collective or individual diffuse and homogeneous, but rape still partial to the smaller individual right, as protected by the Childhood and Youth Osasco, there being no proof that the process of the incident with the presenter has also happened with other minors. The magistrate dismissed the claims of MPT.
Against the sentence, the prosecutor appealed to the Regional Labor Court of the 2nd Region (SP), but the decision was upheld, among other reasons, because there is no law prohibiting the employment of minors, and still not tamper evident to diffuse rights collective or individual homogeneous, resulting from conduct of the station. To have your application processed in TST, MPT filed an interlocutory appeal, which is pending judgment.
National Commission
"The children's artwork is a very complicated question to address culturally," says Judge Andrea Saint Pastous Nocchi, a member of the Committee for the Eradication of Child Labor, established this year by the Supreme Council of the Labour Court and the Superior Labor Court. Coordinated by Minister Lelio Bentes Corrêa, the objective of the Commission is to develop activities, projects and measures to eradicate child labor in Brazil and labor protection teenager.
According to Andrea Pastous the child can not be used, even artistically, to represent what it is not. "Having an adult behavior, act differently than a child would do in that situation," he says. And that explains the roles delegated to children and adolescents should be consistent with the age they are representing so as faithful as possible, the age and maturity of the actor.
Andrea notes that one of the biggest difficulties in curbing child labor is exactly the support of parents.
Legal relationship is not job
According to the professor and retired judge of Labor, Oris de Oliveira, "the legal employment relationship of the child or adolescent exercised in artistic performances or public employment is not." Among other reasons, second, he, because Article 3 of the Labor Code excludes the provision of any of the concept of employee.
Souce:TST
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