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Abstract

When seeking to understand the possibility of calculating work prior to 12 years of age for social security purposes, the following research problem arose: Is the calculation of rural work time of children under 12 years of age for social security purposes legally acceptable? Thus, it was noticed that child labor in rural areas is a reality in Brazil. Although it is forbidden by law for children and adolescents to carry out work activities, this is still noticeable in the Brazilian scenario, given that culturally children and adolescents, especially within the family group, were almost always subjected to child labor. Therefore, this article analyzes the understanding of children in rural work, through methodological studies and jurisprudence relevant to the computation of work prior to 12 years of age for social security purposes, bringing understandings of the social security law and the rural insured, paying attention to the family farming and rural work. Analytical studies related to child labor in its legal and jurisprudential aspects are presented here, in the way in which rural work was framed in the International Labor Organization-ILO, as well as currently being covered by the legislation in this sense, bringing the Brazilian legal position on the subject studied. However, because these children are continually in the midst of chemicals such as pesticides, cutting tools and dangerous machines, rural child labor ranks among the top 100 worst forms of child labor in the country, according to the government. Brazil and the ILO. So, that rural worker who carries out work activities in the countryside, guaranteeing the sustenance of his own family through his efforts in his rural area, is characterized as a special insured. Thus, it is evident that the recognition of the period worked in rural areas and the calculation for social security purposes are guarantees of the right to benefits and an adequate retirement, as has been legally proven in this article.