Legislation

The  Growing Up Right program is in accordance with international legislation, especially with the conventions of the International Labor Organization (ILO), ratified by Brazil, and with the legal precepts of the country’s existing laws…

Decree No. 6,481, dated June 12, 2008 – Worst forms of Child Labor

Art. 2 Minors under the age of eighteen are prohibited from performing the activities stated in the list of the Worst Forms of Child Labor (TIP List), unless otherwise stated in this decree.

Activity: Agriculture, Livestock Breeding, Silviculture and Forestry.

2. In the production process of tobacco, cotton, sisal, sugarcane and pineapple.

4. In the processing of tobacco, sisal, cashew nuts and sugarcane.

5. In the spraying, handling and application of toxic products, adjuvants or the like, including the cleaning of equipment, decontamination, disposal and recycling of empty containers.

Activity: Processing Industry

27. Tobacco Processing Industry

Law No. 8,069, dated July 13, 1990 – Children and Adolescents Act

Art. 60 – Individuals under the age of sixteen are prohibited from working, except as apprentices, starting at the age of fourteen.

Art. 67 – Employed teenagers, as apprentices, in family-based economic regime, or technical school students, supported by either a governmental or non-governmental entity, are prohibited from performing:

II – dangerous, unhealthy or arduous labor;

III – work accomplished in places that are harmful to their formation and to their physical, moral and social development;

IV – work to be accomplished in hours and places that conflict with school hours.

Decree No. 5,452, dated May 01, 1943 – Consolidation of Labor Laws

Art. 402 – Individuals under the age of eighteen are considered minors for the purposes of this Consolidation.

Art. 403 – Individuals under the age of sixteen are prohibited from work, except as apprentices, starting at the age of fourteen.

Sole Paragraph – Minors’ activities must not be performed in places that are harmful to their formation, to their physical, psychological, moral and social development nor in hours and places that conflict with school hours.

Federal Constitution of Brazil, dated October 05, 1988

Art. 7 – XXXIII – Individuals under the age of eighteen are prohibited from performing nighttime, dangerous or unhealthy work, except as apprentices, starting at the age of fourteen.

Convention on the Rights of the Child, dated November 20, 1989

Art. 32 – Member states acknowledge the rights of every child to be protected against economic exploration and against any work that may be dangerous or may interfere in their education, or that may be harmful to their health or their physical, mental, spiritual, moral or social development.

Convention No. 138, dated June 06, 1973 – On the minimum age limit for admission into a job

Art. 1º – Every member state, where this Convention prevails, should commit to complying with a national policy that ensures that no child be subject to labor, and which will progressively raise the minimum age for admission into labor or to a job at a level that is appropriate to the youth’s physical and mental development.

Art. 3º – The minimum age for admission into any kind of job, or work that, by virtue of its nature of circumstance in which it will be carried out, may be harmful to the youth’s health, safety and morale, should not be lower than eighteen.

Convention No. 182, dated June 17, 1999 – Worst forms of child labor

Art. 1º – Every ratifying member state of this Convention must adopt immediate and effective measures that ensure the immediate prohibition and elimination of the worst forms of child labor.

Art. 3º – For the purposes of this Convention, the expression worst forms of child labor encompasses:

d – labor that, by virtue of its nature or by the circumstances it is carried out in, are likely to be harmful to the child’s health, safety and morale.