The recognition of child labor time for retirement purposes: an analysis of the decision given in the Report in a Special Appeal no. 956558/SP of the STJ

Abstract

This article proposes to analyze the recognition of child labor time for retirement purposes in family farming: an analysis of the decision given in the internal injury in the special appeal no. 956558/SP of the STJ. Thus, the following question arises as a research problem: what are the reasons for the recognition of child labor for the purpose of recognizing social security rights? In this sense, in order to respond to the proposed research problem, we use the method of deductive approach, the monographic procedure method and the bibliographic research technique. As specific objectives are listed three: first, to make a synthesis obre the general social security system; second, contextualize child labor in Brazil; and, finally, analyze the paradigm decision of the Superior Court of Justice (STJ), which allowed the accounting of the period of time of child labor after the legal minimum provided by the National Institute of Social Security (INSS) which is 14 years of age. As a hypothesis indicates that although it is not enough to monitor the protection of children and adolescents and that there is a greater engagement in its application for the eradication of child labor in rural areas, government agencies know the existence of work developed, whether in rural or urban areas, by children under the age of 14 years of age, which is the time frame recognized by the National Institute of Social Security (INSS), for the period of work recognized in childhood.