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UNCLAS SECTION 01 OF 05 BRASILIA 000231 
 
SIPDIS 
 
DEPARTMENT FOR WHA/PPC, DRL/ILCSR, WHA/BSC 
DEPARTMENT OF LABOR FOR ILAB - TINA MCCARTER AND PILAR VELASQUEZ 
 
E.O. 12958: N/A 
TAGS: ELAB BR
SUBJECT:  CHILD LABOR INFORMATION FOR TRADE AND DEVELOPMENT ACT 
(GSP) REPORT 
 
REFS: 08 STATE 127448, McCarter-Prince email 1/26/09, USDOL's 2007 
Findings on the Worst Forms of Child Labor 
 
¶1.  Please find below answers for Brazil to questions in reftel 
questions at para nine.  Per ref b, in general only new information 
not in ref C is provided below. 
 
¶2. A) Laws and regulations proscribing the worst forms of child 
labor. 
 
-What laws have been promulgated on child labor in the country? 
 
Laws cited in ref C remain in force.  A new child pornography took 
effect in November 2008 (see below). 
 
-What is the country's minimum age for admission to work? 
 
Minimum working ages cited in ref C are in effect. 
 
-Are there exceptions to the minimum age law? 
 
Exceptions as noted in ref C continue in effect, including 
apprenticeships and child employment under parental and guardian 
supervision in certain activities. 
 
-What is the minimum age for admission to hazardous work, and what 
additional provisions has the country enacted regarding children's 
involvement in hazardous work? 
 
The prohibition against employment of persons under 18 in hazardous 
work remains in effect; there is no new legislation. 
 
- What laws have been promulgated on the worst forms of child labor, 
such as forced child labor and trafficking or child prostitution and 
pornography? 
 
Law 11,829, approved by President Lula on November 25, 2008, amends 
Articles 240 and 241 of the Statute of Children and Adolescents to 
criminalize the acquisition, production and possession of child 
pornography; increase penalties for child pornography producers who 
are public office-holders, relatives, domestic employees, and in 
certain other relationships to the victim; and criminalize the sale 
and distribution of child pornography.  Penalties under Article 240 
(producing child pornography) are four to eight years imprisonment 
and fine, increased by one third for a public official or anyone 
pretending to be one, certain relatives or people living with or 
hosting the child.  Article 241 (selling or exhibiting child 
pornography) carries a penalty of four to eight years imprisonment 
and fine.  Article 241-A (distribution of child pornography) is 
punishable by three to six years imprisonment and fine; Article 
241-B (acquisition, possession and storage of child pornography) is 
punishable by one to four years imprisonment and fine; Article 241-C 
(simulating child pornography by adulteration, montage, etc. of 
images) is punishable by one to three years imprisonment and fine; 
Article 241-D (enticing, instigating, etc. a child or adolescent to 
perform a lewd act) is punishable by one to three years imprisonment 
and fine.  The new child pornography went from legislative concept 
to signed bill in eight months with the help of Mission's Resident 
Legal Adviser.  President Lula signed the law at the World Congress 
III Against Sexual Exploitation of Children and Adolescents in Rio 
de Janeiro before an international audience of law enforcement and 
judiciary professionals and others. 
 
-Please specify what worst forms are prohibited and describe 
penalties for violations. 
 
Decree 6.481 of June 12, 2008, established the worst forms of child 
labor.  (Per ref B, DOL already is familiar with decree 6.481.) 
 
Mission notes that ref C states, "The law establishes that 
introducing a child of 14 to 18 years to prostitution is punishable 
by imprisonment of 3 to 8 years, and in cases of violence or fraud, 
4 to 10 years," sourcing Articles 227-229 of the Brazilian Penal 
Code.  In addition, Article 244-A of the Statute of Children and 
Adolescents can be applied for offenses against persons under the 
age of 14, and provides for imprisonment of four to 10 years and 
fine for inducing a child or adolescent into prostitution, can be 
applied to any owner, manager or person responsible for the place 
 
BRASILIA 00000231  002 OF 005 
 
 
where the crime occurred, and also requires the removal of any 
operating license for the location.  In addition to the penalty 
cited in ref C for trafficking in persons that applies to 
adolescents from ages 14 to 18, Article 239 of the Statute of 
Children and Adolescents, which applies to offenses against anyone 
18 and under, provides a penalty of four to six years imprisonment 
and fine for removing or helping to remove a child from Brazil 
without observing the proper formalities or with a profit-making 
purpose; if violence is used, the penalty increases to six to eight 
years imprisonment, plus any additional penalty for the violence 
employed.  Article 241 of the same Statute prohibits pedophilia and 
mandates a prison penalty from two to six years plus fine. 
 
-What is the country's minimum age for military recruitment and/or 
involvement in armed conflict? 
 
Eighteen years of age. 
 
-If the country has ratified ILO Convention 182 on the Worst Forms 
of Child Labor, has it developed a list of occupations considered to 
be worst forms of child labor, as called for in article 4 of the 
Convention? 
 
Yes, as described above in Decree 6.481. 
 
¶3. B) Regulations for implementation and enforcement of 
proscriptions against the worst forms of child labor. 
 
-What legal remedies are available to government agencies that 
enforce child labor and worst forms of child labor laws (civil 
fines, criminal penalties, court orders), and are they adequate to 
punish and deter violations? 
 
Nothing new to report. 
 
-To what extent are violations investigated and addressed? 
 
During 2008 authorities discovered and removed from work 5767 
children and adolescents (excluding apprentices), down from 7812 in 
¶2007.  299,013 firms were inspected, down from 357,788 in 2007. 
Source: www.mte.gov.br (forward slash) fisca_trab (forward slash) 
est_resu_fisc_jan_dez_acumulo2008.pdf 
 
Inspections increasingly target informal employment, in part due to 
the declining number of children working in the formal sector. The 
2007 PNAD states that there was a drop in the number of working 
children between the ages of 5 and 15, ages at which work is 
illegal, from 2,934,000 in the 2005 PNAD to 2,718,000 in the 2006 
PNAD.  (2007 PNAD, p. 126).  Employers who violate Brazil's child 
labor laws are subject to monetary fines, but fines are rarely 
applied because inspectors typically negotiate agreements with 
employers instead. Labor inspections of children in the workplace 
are often driven by complaints brought by workers, teachers, unions, 
NGOs, and the media. Inspections of the informal sector are often 
difficult to undertake due to the fact that inspectors are unable to 
enter private homes and farms, where much of child labor takes 
place. In most cases, inspectors attempt to reach agreements and to 
have employers desist from labor law violations before levying 
fines. As a result, few employers are fined for employing children. 
 
 
Labor inspectors from the Ministry of Labor and Employment (MLE) 
often work closely with prosecutors from the Federal Labor 
Prosecutor's Office (Ministerio Publico do Trabalho-MPT), an 
independent agency responsible for prosecuting labor infractions. 
MPT prosecutors may investigate cases of child labor, bring civil 
charges against violators, and levy fines, but cannot bring criminal 
prosecutions. The MPT and the Federal Public Ministry, which is 
responsible for criminal prosecutions, do not work together closely 
or in any systematic way, and thus criminal prosecutions are not 
part of Brazil's strategy against child labor.  The MPT has a 
national commission to fight child labor. The commission includes 50 
prosecutors and focuses on strategic areas including sexual 
exploitation, apprenticeships, trash collecting by children, and 
work in a family setting. 
 
-What level of resources does the government devote to investigating 
child labor and worst forms of child labor cases throughout the 
 
BRASILIA 00000231  003 OF 005 
 
 
country? 
 
Mission will provide this information by cable in March. 
 
- How many inspectors does the government employ to address child 
labor issues? 
 
Mission will provide details from the Ministry of Labor and as soon 
as available. 
 
- How many police or other law enforcement officials address worst 
forms of child labor issues? 
 
Responsibility for addressing worst forms of child labor is 
dispersed among several government ministries and agencies, 
including the Ministry of Labor, Public Ministry for Labor, the 
Ministry of Justice, and federal and local police.  We are unaware 
of records that detail the manpower working specifically on child 
labor. 
 
- How many child labor investigations have been conducted over the 
past year and how many have resulted in fines, penalties, or 
convictions? 
 
During 2008 authorities discovered and removed from work 5767 
children and adolescents (excluding apprentices), down from 7812 in 
¶2007.  In 2008, MLE officials inspected 299,013 firms, down from 
357,788 in 2007.  Mission is not certain why this drop occurred but 
several factors could account for it.  The MTE Mobile Groups have 
given increased priority to inspections of farms in order to free 
more victims of forced labor, who tend to be almost all adult males 
(UNODC Global Trafficking in Persons Report, 2009, p. 157). 
According to Ministry of Labor statistics, during 2008 the Mobile 
Groups conducted 154 inspections on 290 farms and freed 5,016 forced 
labor workers.  In 2007, the MTE conducted 116 inspections on 206 
farms and freed 5,999 forced labor workers.  This effort could have 
reduced inspections of workplaces more likely to use child labor. 
Another reason could be an increase in school attendance, probably 
attributable to the Bolsa Familia program.  According to the 2007 
PNAD, the percentage of children aged 4-6 attending pre-school or 
school has increased in recent years.  School attendance is now 
nearly universal throughout Brazil.  Also, school attendance at all 
ages is strongly correlated to family income (2007 PNAD, pp. 
123-124), which has been rising in Brazil. 
 
With regard to fines, penalties and convictions, it is currently 
very difficult to gather this information because resources are 
dispersed throughout several parts of the federal government.  Post 
will continue to try to gather, consolidate and provide information 
as available.  We do not expect complete data ever to be available. 
 
- How many investigations into worst forms of child labor violations 
have been conducted over the past year and how many have resulted in 
prosecutions and convictions? 
 
According to MLE statistics, the MLE conducted 986 inspections 
directly related to child labor in the reporting period.  Mission 
will provide prosecutions and convictions data soon. 
 
-Has the government provided awareness-raising and/or training 
activities for officials charged with enforcing child labor laws or 
worst forms of child labor laws? 
 
The Brazilian government continues to conduct seminars and training 
program for law enforcement and judicial staff who address child 
labor, trafficking in persons, sex tourism, forced labor, and worst 
forms of child labor.  For example, in November 2008 the government 
of Brazil conducted a training seminar on trafficking in persons in 
Brasilia for an audience of 200, including Federal Police agents, 
Federal Highway Police, and others.  It included the participation 
of specialists from Italy, the Netherlands, Argentina, and Spain. 
The Ninosul program, noted in ref C, continues, and Brazil plays a 
leading role. Mission's Resident Legal Adviser organized a training 
seminar in Espirito Santo state on combating child pornography 
immediately after President Lula signed the new child pornography 
law last November.  Four hundred law enforcement agents, judges and 
prosecutors received information about the new law.  The seminar 
ensured that all parts of the justice sector were ready, able and 
 
BRASILIA 00000231  004 OF 005 
 
 
willing to enforce the new law.  Speakers included the chairman of 
the Brazilian Senate investigative committee on child pornography 
and officials from the Departments of Homeland Security and Justice. 
 
 
¶4.  C) Whether there are social programs specifically designed to 
prevent and withdraw children from the worst forms of child labor. 
 
-What initiatives has the government supported to prevent children 
from entering exploitive work situations, to withdraw children 
engaged in such labor, and to advocate on behalf of children 
involved in such employment and their families? 
 
Under the PRONASCI (National Program for Public Security with 
Citizenship) initiative, a broad program launched in August 2007 to 
reduce crime, protect at-risk populations, better integrate 
marginalized groups, improve police and judicial services, and take 
other steps (94 actions in all), young children and adolescents, 
including street children, receive vocational training, educational, 
sports and recreational opportunities, and other types of 
assistance, including a cash stipend of R$100 (USD 40) a month for a 
year while they are in the Protejo ("I protect") program.  As of 
February 2009, PRONASCI had been introduced in the Federal District 
and 19 of Brazil's 26 states, including those with the largest 
populations, highest crime rates and worst poverty such as Rio de 
Janeiro, Pernambuco, Maranhao, Sao Paulo, Bahia, and others. 
PRONASCI's overall budget (2007-2012) is projected at R$ 6.707 
billion (about USD 2.8 billion).  According to Ministry of Justice 
estimates, various PRONASCI programs should reach 425,000 youths 
between the ages of 15 and 29. 
 
In mid-2006, the Federal Highway Police instituted an intensive 
training program in an effort to combat internal trafficking of 
persons more effectively.  During 2007, Federal Highway Patrol 
Officers in the cities of Brasilia, Sao Paulo, Natal, Belem, 
Teresina, Vitoria, Parana, Boa Vista, Sao Luis, Manaus, Maceio, and 
Macapa participated in anti-TIP training.  Class sizes of 60-95 
officers ranking from junior patrolmen to senior inspectors 
participated in the two-day courses.  This training continued in 
2008, and Federal Police and U.S. Immigration and Customs 
Enforcement personnel conducted joint training, including 
trafficking in persons, in 2008. 
 
¶5.  D) Does the country have a comprehensive policy or national 
program of action on child labor or specific forms of child labor? 
 
Brazil's program of action on child labor continues to be the PETI, 
as described in ref C. 
 
- Does the country incorporate child labor specifically as an issue 
to be addressed in poverty reduction, development, educational or 
other social policies or programs, such as Poverty Reduction 
Strategy Papers, etc? 
 
Yes, under the PETI, and less directly under PRONASCI, which 
includes vocational training to prepare young people to enter the 
formal economy, as well as the Bolsa Familia (Family Stipend) 
program, as described in ref C. Other government social programs 
such as Luz Para Todos (Light for all, an electrification program) 
and Inclusao Digital (Digital Inclusion) contribute to child 
development in marginalized and rural areas by making possible night 
classes, evening sporting events, and making the Internet, computers 
and computer training accessible to poor families. 
 
- If so, to what degree has the country implemented the policy 
and/or program of action and achieved its goals and objectives? 
 
Information to be provided. 
 
-Is education free in law and in practice?  Is education compulsory 
in law and in practice? 
 
Yes.  In some isolated areas access can be difficult and as a result 
some children do not attend or attend partially. 
 
¶6.  E) Is the country making continual progress toward eliminating 
the worst forms of child labor? 
 
 
BRASILIA 00000231  005 OF 005 
 
 
Yes, through its anti-trafficking in persons efforts, its Mobile 
Groups to combat forced labor, and social programs such as Bolsa 
Familia, the PRONASCI Protejo program, and others. 
 
- What are the specific sectors/work activities/goods in which 
children work and how has this changed over the past year? Please 
note where possible any relevant characteristics about the children 
involved including gender, ethnic group, religion, age, etc. 
 
On sectors/work activities/goods: There is no change from 
information presented last year in ref C. 
 
Relevant characteristics remain unchanged.  The source cited in ref 
C, Mapa de indicativos do trabalho da crianca e do adolescente 
(2005), is still the latest publication on the subject available 
from the Ministry of Labor. 
 
SOBEL