RECONHECIMENTO DO TRABALHO RURAL EXERCIDO ANTES DOS DOZE ANOS DE IDADE PARA FINS PREVIDENCIÁRIOS: INCENTIVO AO TRABALHO INFANTIL OU PROTEÇÃO SOCIAL DO INDIVÍDUO?

Abstract

This article aims to contextualize and discuss the practical effects of the recent decision of the Superior Court of Justice, which recognized rural work carried out before the age of twelve for social security purposes, whose purpose was to bring greater social protection to the individual and prevent that individual who already had his childhood sacrificed, be doubly punished for not having computed this period when granting his retirement. Thus, using the hypothetical-deductive method, we seek to weigh the benefits and harms of that decision in order to reach a common denominator, in the sense of not further harming those who worked during childhood and also not allowing this positioning to mean a encouraging child labor today.