O trabalho artístico infantil e a garantia da proteção integral da criança e do adolescente
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Date
2019-01-29
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Universidade Católica do Salvador
Abstract
The main goal of this scientific article is to analyze how the Principle of Full Protection of the Child and the Adolescent, predicted by the Brazilian Constitution of 1988, is applied to the child and youngster people subjected to artistic labor before reaching the minimum age required in the art. 227, §3º, of the Federal Constitution. Strictly speaking, according to the doctrine of absolute priority, it is indeed necessary to professionalize the children and adolescents for their full physical and psychic development. However, there is no specific legislation in Brazil that regulates the labor of children and adolescents that act in the artistic niche, therefore, there are no objective requirements to guarantee, at the same time, the right to professionalization and the rights inherent in the peculiar condition of person in development, both stemming from the doctrine of integral protection. In order to achieve the aforementioned goal, it will be necessary to analyze the historical evolution of the Brazilian legal system regarding the legislation applied to children and adolescents, as well as the bills that regulate artistic child labor.
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Keywords
Criança e adolescente, Princípio da proteção integral, Trabalho artístico infantil, Estatuto da criança e do adolescente, Children and adolescents, Principle of full protection, Artistic child labor, Child and adolescent statute