Trabalho infantil artístico: legislação e posicionamento dos tribunais

Abstract

The present work has as its theme the artistic child labor: legislation and positioning of the courts. In this bias, it is verified that of the fundamental rights includes the freedom of artistic expression, guarantee protected by the Greater Law. Thus, it has been shown that the physical representation of art has been employed professionally since childhood, causing children and adolescents to study and play games in order to profit or reach a social highlight. However, although the society has this practice as harmless, the national legal order censures all forms of exploitation of child labor, including artistic work. In this way, an arbitrariness between custom popularly accepted and norms of protection to the childhood remained, making Brazil accept an international diploma aimed at mitigating the prohibition of child labor. Thus, the present work addresses the history of child labor, highlighting the way it was used by different civilizations. In addition, a study is made of the laws applicable to the subject, as well as the jurisprudential analysis built on the feeling of pacifying aspects related to artistic child labor and its impacts. The objective of this work is to study artistic child labor in light of legislation and jurisprudence, exposing a legal and doctrinal analysis on the subject. For this, the deductive method was used as an approach. In addition, the historical-evolutionary method is used as method of investigation, and as a research technique, the bibliographic study. Therefore, it is necessary to study in detail each aspect reported in order to achieve the desired goal.