Country profile BRA
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2015 | 5-17 | 4.6 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2015 | 5-17 | 2 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2015 | 5-17 | 3.4 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2015 | 5-17 | 5.4 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2015 | 5-17 | 5.3 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2015 | 5-17 | 5.4 | Male & Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Minimum age for admission to apprenticeship | 1988 | C138 | Federal Constitution - Article 7 | [{"link_name":"Federal Constitution","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/6804/BRA6804.pdf"}] | 14 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Item XXXIII of Article 7 of the Federal Constitution of Brazil allows work as an apprentice, starting at 14 years old. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1997-12-20 | C138 | National Education Law - Article 4 | [{"link_name":"National Education Law","source_link":"http://www.planalto.gov.br/ccivil_03/Leis/L9394.htm"}] | No | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article 4 of the National Education Law states that the State's duty towards public school education shall be implemented by guaranteeing compulsory and free basic education from 4 to 17 years of age. The minimum age for admission to employment is 16 years. This creates a one-year overlap where children aged 16 to 17 are still under compulsory education but can legally enter the workforce. This gap could potentially allow children to work while still being required to attend school, potentially impacting their educational outcomes. |
| Light work - Determination of types and conditions of activities | No information | C138 | No information | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4288488,102571:NO"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | In its CEACR observation adopted in 2022 on C138, the Committee discusses a legislative proposal (PC 18/2011) in Brazil that aims to amend the Federal Constitution to reduce the minimum age for employment to 14, allowing part-time work for up to 25 hours per week. The Committee notes that the proposed amendment lacks specific guidelines for light work, broadly permitting children to work up to 25 hours a week in any sector. This could negatively impact their education and rest, making it inconsistent with the Convention's provisions. The Committee stresses the importance of limiting work hours, prohibiting overtime, ensuring night rest, and maintaining safety and health standards for children. Allowing part-time work under the proposed conditions may harm children's school attendance and performance, thus not qualifying as an authorised exception under the Convention. The Committee expresses the firm hope that any legislative proposal to modify the minimum age for admission to employment or to regulate light work activities be considered in light of provisions of C138. |
| Minimum age for light work | No information | C138 | No information | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4288488,102571:NO"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | In its CEACR Observation adopted in 2022 on C138, the Committee discusses a legislative proposal (PC 18/2011) in Brazil that aims to amend the Federal Constitution to reduce the minimum age for employment to 14, allowing part-time work for up to 25 hours per week. The rapporteur of the Parliament Commission affirmed the proposal's admissibility in 2021, noting that the Convention permits light work from age 13 if it does not affect safety, health, or education. |
| Minimum age for admission to work | 1943-05-01 | C138 | Labour Code - Article 403 | [{"link_name":"-Labour Code","source_link":"http://www.planalto.gov.br/ccivil_03/decreto-lei/Del5452.htm"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4288488,102571"}] | 16 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | According to Article 403 of the Labour Code, any work for minors under the age of 16 is forbidden, except as an apprentice from the age of 14. (Edited by Law 10.097 of 2000). Sole paragraph. Minors may not work in places that are harmful to their education, physical, mental, moral and social development or at times and places that do not allow them to attend school. In its CEACR Observation adopted in 2022, the Committee discusses a legislative proposal (PC 18/2011) in Brazil that aims to amend the Federal Constitution to reduce the minimum age for employment to 14, allowing part-time work for up to 25 hours per week. However, the Committee emphasises that the Convention's goal is to abolish child labour and progressively raise the minimum employment age to support the full development of young people. The Convention allows for a minimum age to be set at ratification (16 years for Brazil) and does not permit lowering it afterwards." |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1990-07-13 ; 2008-06-12 ; 1990-07-13 | C182 | National System of Public Policies on Drugs - Articles 33 and 40 ; Decree 6.481/2008 on Worst Forms of Child Labour - Article 4. III. ; Law 8.069/1990 on the Statute of the Child and Adolescent - Article 244-B | [{"link_name":"-National System of Public Policies on Drugs","source_link":"https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm"},{"link_name":"-Decree 6.481/2008 on Worst Forms of Child Labour","source_link":"https://www.planalto.gov.br/ccivil_03/_ato2007-2010/2008/decreto/d6481.htm"},{"link_name":"-Law 8.069/1990 on the Statute of the Child and Adolescent","source_link":"https://www.planalto.gov.br/ccivil_03/leis/l8069.htm"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | The Brazilian Law No. 11.343, known as the Drug Law, addresses various aspects of drug control, including criminal penalties for drug-related offences. Here’s a summary of how Articles 33 and 40 relate to the prohibition of using, procuring, or offering children for illicit activities, particularly in the context of drug production and trafficking, as defined by C182: Article 33: Establishes penalties for various drug trafficking activities without proper authorisation. It includes severe penalties for those who engage in the production, sale, and distribution of drugs, as well as for those who sow, cultivate, or harvest plants used for drug preparation without authorisation. Article 40: Increases penalties for drug-related crimes under certain aggravating circumstances, such as committing the crime near educational establishments or involving children and adolescents. Together, these articles contribute to the prohibition of using, procuring, or offering children for illicit drug activities by establishing strict penalties for drug offences and enhancing those penalties when children are involved. Furthermore, Article 4. III. of the Decree 6.481/2008 on Worst Forms of Child Labour defines the use, recruitment and offering of adolescents for illicit activities, particularly for the production and trafficking of drugs as one of the worst forms of child labour, while Article 244-B of the Law 8.069/1990 on the Statute of the Child and Adolescent punishes anyone corrupting or facilitating the corruption of a minor under the age of 18, by committing a criminal offence with them or inducing them to commit it. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2016-10-06 ; 1990-07-13 ; 2008-06-12 | C182 | Penal Code - Articles 218-A, 218-B, 227, 228 ; Law 8.069/1990 on the Statute of the Child and Adolescent - Article 240 ; Decree 6481/2008 on Worst Forms of Child Labour - Article 4. II | [{"link_name":"-Penal Code","source_link":"http://www.planalto.gov.br/ccivil_03/Decreto-Lei/Del2848.htm"},{"link_name":"-Law 8.069/1990 on the Statute of the Child and Adolescent","source_link":"https://www.planalto.gov.br/ccivil_03/leis/l8069.htm"},{"link_name":"-Decree 6481/2008 on Worst Forms of Child Labour","source_link":"https://www.planalto.gov.br/ccivil_03/_ato2007-2010/2008/decreto/d6481.htm"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Articles 218-A, 218-B, 227, 228 of the Brazilian Penal Code address various forms of sexual exploitation and abuse involving children and vulnerable individuals, providing substantial alignment with the prohibition of using, procuring, or offering a child for the purpose of prostitution or pornography. Besides, Article 240 of the Law 8.069/1990 on the Statute of the Child and Adolescent prohibits the producing, reproducing, directing, photographing, filming or recording, by any means, of explicit sexual or pornographic scenes involving children or adolescents. For its part, Article 4. II of the Decree 6481/2008 on Worst Forms of Child Labour defines the use, demand, supply, trafficking or solicitation for the purposes of commercial sexual exploitation, production of pornography or pornographic performances as one of the worst forms of child labour. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1964-08-17 ; 2008-06-12 | C182 | Military Service Law ; Decree 6.481/2008 on Worst Forms of Child Labour - Article 4. IV. | [{"link_name":"-Military Service Law","source_link":"http://www.planalto.gov.br/ccivil_03/leis/l4375.htm"},{"link_name":"-Decree 6.481/2008 on Worst Forms of Child Labour","source_link":"https://www.planalto.gov.br/ccivil_03/_ato2007-2010/2008/decreto/d6481.htm"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | National Military Service Law is in this case compliant with the provision of C182: Article 5. The obligation to do military service, in peacetime, begins on January 1st of the year in which the citizen reaches the age of 18 and lasts until December 31st of the year in which he reaches the age of 45. § Paragraph 1: In times of war, this period may be extended in accordance with the interests of national defence. § Paragraph 2: Military service may be performed on a voluntary basis from the age of 17. In addition, it is worth noting that, Article 4. IV. of the Decree 6.481/2008 on Worst Forms of Child Labour defines the forced or compulsory recruitment of adolescents to be used in armed conflicts as one of the worst forms of child labour. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2016-10-06 ; 2008-06-12 ; 1990-07-13 | C182 | Penal Code - Article 149-A ; Decree 6.481/2008 on Worst Forms of Child Labour - Article 4. II. ; Law 8.069/1990 on the Statute of the Child and Adolescent - Article 244-A | [{"link_name":"-Penal Code","source_link":"http://www.planalto.gov.br/ccivil_03/_Ato2015-2018/2016/Lei/L13344.htm"},{"link_name":"-Decree 6.481/2008 on Worst Forms of Child Labour","source_link":"https://www.planalto.gov.br/ccivil_03/_ato2007-2010/2008/decreto/d6481.htm"},{"link_name":"-Law 8.069/1990 on the Statute of the Child and Adolescent","source_link":"https://www.planalto.gov.br/ccivil_03/leis/l8069.htm"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Article 149-A of the Brazilian Penal Code criminalises human trafficking and outlines severe penalties for those involved in such activities. The article specifically addresses actions such as soliciting, recruiting, transporting, transferring, buying, housing, or harbouring individuals through threats, violence, coercion, fraud, or abuse. This article aligns with the prohibition of the sale and trafficking of children for sexual and labour exploitation by explicitly criminalising such actions and imposing stringent penalties, particularly when the victims are children or other vulnerable individuals. In addition, Article 4. II. of the Decree 6.481/2008 on Worst Forms of Child Labour defines the use, demand, supply, trafficking or solicitation of children for the purposes of commercial sexual exploitation, production of pornography or pornographic performances as one of the worst forms of child labour. Furthermore, Article 244-A of the Law 8.069/1990 on the Statute of the Child and the Adolescent prohibits the subjecting a child or adolescent to prostitution or sexual exploitation. |
| List of hazardous activities prohibited for children | 2008-07-12 | C138 & C182 | Decree 6.481/2008 on Worst Forms of Child Labour | [{"link_name":"Decree 6.481/2008 on Worst Forms of Child Labour","source_link":"http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2008/Decreto/D6481.htm"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | The work of minors under the age of 18 in the activities described in the TIP List is prohibited. DECREE NO. 6,481, JUNE 12, 2008, provides the list of prohibited activities. |
| Minimum age for hazardous work | 2008-07-12 | C138 & C182 | Decree 6.481/2008 on Worst Forms of Child Labour - Article 2 | [{"link_name":"-Decree 6.481/2008 on Worst Forms of Child Labour","source_link":"http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2008/Decreto/D6481.htm"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4288488,102571"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Article 2 of the hazardous work list aligns with the provisions of C138 by establishing a clear prohibition on hazardous work for those under 18 and allowing exceptions from age 16 under stringent conditions. It should be noted that in its 2022 Observation on C138, the Committee emphasises the urgency of measures to protect minors and ensures continuous monitoring and reporting on enforcement actions, thereby strengthening the overall framework for protecting children from hazardous work. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 02-FEB-2000 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 28-JUN-2001 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| The programme lengthens the school day within a comprehensive education framework, prioritising schools that serve students facing greater socioeconomic vulnerability. | [{"link_name":"Full-Time School Programme","source_link":"https://www.gov.br/mec/pt-br/escola-em-tempo-integral"}] | 2023 | Full-Time School Programme | Department of Education |
| The Resolution CNAS/MDS nº 96, of February 15 2023 establishes the Emergency Strengthening Program for the Management of the Unified Registry (Cadastro Único) within Brazil’s Unified Social Assistance System (PROCAD–SUAS). This program was created to reinforce and expand the capacity of municipalities and states to provide efficient, timely, and accessible services related to the Cadastro Único, which is the central database used to identify families eligible for social benefits. In addition to improving service quality and infrastructure, the resolution introduces specific measures to prioritize active outreach and registration updates for families belonging to Traditional and Specific Population Groups (GPTE), including families affected by child labour, whose situations require immediate and specialized attention. | [{"link_name":"Emergency Strengthening Program for the Management of the Unified Registry","source_link":"https://www.gov.br/mds/pt-br/pt-br/noticias-e-conteudos/desenvolvimento-social/noticias-desenvolvimento-social/cnas-publica-resolucao-que-cria-o-programa-de-fortalecimento-emergencial-do-atendimento-do-cadastro-unico/RESOLUOCNASMDSN96DE15DEFEVEREIRODE2023.pdf"}] | 2023 | Emergency Strengthening Program for the Management of the Unified Registry | Ministry of Development and Social Assistance, Family and for Combating Hunger |
| The Ministry of Labour (MTb) set up the National Commission for the Eradication of Child Labour (CONAETI), a body made up of representatives of the government, employers, workers, organised civil society and international organisations, through Ministerial Order No. 952 of 8 July 2003. CONAETI's aim is to implement the provisions of Conventions 138 and 182 of the International Labour Organisation (ILO), as well as to make it possible to draw up and monitor the implementation of the National Plan for the Eradication of Child Labour and the Protection of Working Adolescents III. The Plan includes among its objectives: (i) prioritizing prevention and elimination of child labour in political and social agendas; (ii) ensuring quality and free education for all children; (iii) protecting the health of children and adolescents against exposure to work-related risks; and (iv) fostering knowledge about the reality of child labour in Brazil. | [{"link_name":"National Plan for the Prevention and Eradication of Child Labour and the Protection of Working Adolescents III","source_link":"https://www.gov.br/mdh/pt-br/assuntos/noticias/2018/novembro/lancado-3o-plano-nacional-de-prevencao-e-erradicacao-do-trabalho-infantil/copy_of_PlanoNacionalversosite.pdf"}] | 2019–2022 | National Plan for the Prevention and Eradication of Child Labour and the Protection of Working Adolescents III | National Commission for the Eradication of Child Labour (CONAETI) |