O RECONHECIMENTO DO TRABALHO RURAL INFANTIL PARA FINS DA CONCESSÃO DA APOSENTADORIA POR IDADE RURAL: UMA ANÁLISE JURISPRUDENCIAL À LUZ DO JUÍZO DE PONDERAÇÃO DE INTERESSES NA CONSTITUIÇÃO FEDERAL

Abstract

This course conclusion paper analyzes the recognition of child labor in rural areas for the purpose of granting retirement due to age, addressing the conflict between the constitutional prohibition of child labor and the socioeconomic reality of many rural families in Brazil. Although the Federal Constitution of 1988 prohibits the work of minors under 14 years old, this practice persists in various regions, especially in the countryside, where many families depend on child labor due to economic vulnerability. The study seeks to answer how to reconcile the constitutional prohibition of child labor with the recognition of this time for pension purposes, without compromising the fundamental rights guaranteed by the legislation. The objective is to examine the challenges and legal implications of recognizing the time of rural child labor, considering the current pension legislation, relevant jurisprudence, and the principle of the balancing of interests. The methodology used is theoretical and dogmatic-instrumental, with data collection techniques that include reading books and articles obtained from libraries and virtual sources. The study aims to present a comprehensive analysis of the research problem and contribute to the legal debate on the protection of children's rights and the realization of pension rights, especially in contexts of social vulnerability.