O trabalho infantil artístico na internet e o flagrante descumprimento à legislação vigente.

Abstract

The presente paper has as theme the analysis of artistic child labor on the Internet and the flagrant non-compliance of current legal order. It is verified that during the whole history of human society there was the exploitation of Child Labor, with different activities in certain historical phases, children and adolescents were used as labor. Despite this reality is Always presente, the excessive exploitation of children and adolescents in the Industrial Revolution was the summit to raise the concern of the authorities of society, when they created the first Laws of Protection to Child Labor in Europe. In Brazil, the history was not different, since the begginning of portugueses settlement in the country there are reports about the exploitation of Children and teenagers labor. Nowadays, the Child labor is expressly prohibited by the Federal Constitution of 1988, determining the age of 16 years as a minimum for entering the professional career, except at the age of 14 as an apprentice. The Federal Constitution and the Statute of the Child and Adolescent also adhered to the principle of Integral Protection, implying the responsibility of the family, the State and society in the protection of minors, considered beings in development. However, there are exceptions to the prohibition of work for minors of the minimum age described in Law, such as artistic, sporting and educational work. The artistic child labor consists of that exercised by children under 16 years old for economic purposes, other than recreational or school, which has the artistic nature. For the legality of this exception, the Law determines the need for a judicial permit authorizing the performance of the activity, where it must establish conditions for its exercise. It happens that with the advent of the Internet, children and adolescents were inserted in this network, producing content for dissemination in this medium, causing apprehension as to the risks in which minors are exposed, thus, it is questioned whether the practice of such activity can be regarded as the artistic child labor, since it is adequate to the concept presented by Law no. 6.533 / 78 of the profession of artist. In addition, the rules for the permission of artistic child labor are, in most cases, not always fulfilled, since many minors do not have judicial authorization to perform such activity. For this analysis, the deductive and bibliographic method was used, consisting of research in doctrines, jurisprudence, journals, published scientific articles on the subject and in the current legal system.