Aliciamento de trabalho infantil poderá ser punido com dois a quatro anos de prisão

Quem “aliciar, instigar, submeter, coagir ou constranger” crianças e adolescentes a trabalhar poderá ser punido com pena de dois a quatro anos de prisão, segundo estabelece o Projeto de Lei do Senado (PLS) 53/2016, do ex-senador Marcelo Crivella (PRB-RJ), que está sendo analisado pela Comissão de Direitos Humanos e Legislação Participativa (CDH). A proposta insere a prática como delito no texto do Estatuto da Criança e do Adolescente (ECA).

Em sua justificativa para o projeto, Crivella observa que, segundo a Constituição brasileira, é dever da família, da sociedade e do Estado assegurar o bem-estar das crianças e adolescentes. O senador também lembra que o Brasil é signatário de tratados internacionais que preveem a adoção de medidas de combate ao trabalho infantil.

Mesmo diante desses pressupostos, o autor do projeto alerta para as estatísticas de trabalho infantil divulgadas pelo Instituto Brasileiro de Geografia e Estatística (IBGE) — de acordo com o órgão, em 2016 havia 3,3 milhões de crianças e adolescentes (ou 8% da população menor de idade) exercendo atividades laborais no país. Para Crivella, esse cenário configura “flagrante descumprimento” dos princípios constitucionais.

O projeto está sob a relatoria do senador Paulo Paim (PT-RS). Caso seja aprovado pela CDH, seguirá para a Comissão de Constituição, Justiça e Cidadania (CCJ).

Legislação

As leis brasileiras permitem o início da vida profissional aos 14 anos, na condição de aprendiz, e sob uma série de condições especiais. O cidadão pode se tornar um profissional a partir dos 16 anos, e apenas a partir dos 18 ele pode realizar trabalhos em horário noturno ou em condições insalubres.

Apesar dessas regras e restrições, e de outras medidas como programas de transferência de renda para famílias e ampliação da jornada escolar, a exploração do trabalho infantil não possui tipificação criminal própria.

A legislação nacional possui dispositivos contra o tráfico, a pornografia e a prostituição de menores, bem como contra a prática de maus-tratos. Além disso, o crime de exploração de trabalho escravo possui agravante caso a prática afete crianças e adolescentes.

Um projeto aprovado pelo Senado no final do ano passado (PLS 237/2016) inclui o crime de exploração do trabalho infantil no Código Penal. Ele foi passou pela CCJ em decisão terminativa, e deve seguir para a Câmara dos Deputados caso não haja nenhum recurso para levá-lo a Plenário.

 

Fonte: Agência Senado

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