Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Minimum Age Convention, 1973 (No. 138) - Brazil (Ratification: 2001)

The Committee notes the observations of the National Confederation of Industry (CNI) received on 14 August 2024 and those of the Single Confederation of Workers (CUT) received on 2 September 2024. The Committee requests the Government to provide its comments in this respect.

Article 1 of the Convention. National policy towards the elimination of child labour and application of the Convention in practice. The Committee notes that according to the 2023 National Continuous Household Survey (PNAD Contínua) conducted by the Brazilian Institute of Geography and Statistics and published in 2024, the rate of child labour among children aged 5 to 17 years dropped to 4.2 per cent in 2023 (it was at 4.9 per cent in 2022). In comparison, the rate of child labour among Afrodescendent children aged 5 to 17 years was 65.2 per cent.

Regarding the activities of the National Committee for the Elimination of Child Labour (CONAETI), the Government indicates, in its report, that: (1) the CONAETI currently has two working groups, one on the preparation of the Fourth National Action Plan for the Elimination of Child Labour and another on the National Networks for the Care of Children and Adolescents in Situations of Child Labour; (2) the working group on the Fourth National Action Plan is evaluating the policies and actions for combating child labour contained in the previous Plan; (3) the working group on the National Networks aims to establish at least four networks focusing on specific types of child labour (including one for work in family enterprises) with the aim of having a coordinated and efficient intersectoral approach to the care of children and adolescents; and (4) the CONAETI is preparing a recommendation for the establishment of State Committees on the Elimination of Child Labour.

The Committee also takes note of the Government’s detailed information with regard to the measures taken to implement the Programme of Action for the Elimination of Child Labour (PETI), including: (1) the implementation of the Strategic Actions under the Programme for the Elimination of Child Labour (AEPETI) which are integrated into the non-contributory Single Social Assistance System (SUAS) and are aimed at strengthening the effort to combat child labour by promoting an intersectoral approach under five focus areas namely, mobilization, identification, protection, accountability and monitoring; (2) the AEPETI have increased income transfers through the Family Grant Programme (Bolsa Familia); (3) the social assistance services have been reorganized in order to enhance the care provided to children and adolescents involved in child labour as well as to their families by increasing the number of municipalities covered by the Service for Community Living and Strengthening of Bonds (SCFV); and (4) a technical cooperation programme was agreed with the ILO with a view to evaluating the AEPETI’s efforts in eliminating child labour.

The Committee notes that the CNI, in its observations, considers that the legal framework in Brazil is in conformity with the Convention and that the private sector has been engaged in combating child labour through participation in various child labour prevention campaigns, such as the National Programme to Combat Child Labour and to Encourage Learning.

The Committee also notes, from the 2023 UNICEF Country Office Annual Report, that monetary poverty is being alleviated by increased investment in cash transfer programmes. The Committee notes with interest the measures adopted and, in particular, welcomes the decrease in the child labour rate recorded in 2023. Likewise, the Committee welcomes the engagement of the employer sector in the fight against child labour. The Committee trusts that the rate of child labour will continue to decline, taking into account all the measures implemented. In this context, the Committee requests the Government to continue to provide information on: (i) the activities of the CONAETI; (ii) the adoption of the Fourth National Action Plan for the Elimination of Child Labour and the measures adopted for its implementation; (iii) the establishment of the National Networks and their role and activities; (iv) the findings of the evaluation of the AEPETI, in cooperation with the ILO; (v) the specific measures taken to reduce child labour among Afrodescendent children; and (vi) the results achieved through all the above measures, including the number of children who benefited from the activities undertaken.

Article 2(1). Scope of application. Children working in family enterprises. The Committee takes note of the Government’s indication that the CONAETI is engaged in two activities that are directly linked to child labour in family enterprises: (1) the implementation of the Third National Action Plan for the Elimination of Child Labour, which includes specific activities to address child labour in family enterprises; and (2) the implementation of a National Network for the Care of Children and Adolescents in Situations of Child Labour, which will have a specific intersectoral protocol for the care of children and adolescents involved in child labour in family enterprises, to be implemented throughout the country. In addition, the Government informs about the existence of Guardianship Councils, which are permanent and autonomous non-jurisdictional bodies responsible for ensuring compliance with the rights of children and young persons, including for combating child labour with a focus on children working in family enterprises. The Committee encourages the Government to continue taking the necessary measures to ensure that, in practice, children working in family enterprises do not engage in child labour. It also requests the Government to provide information on the concrete results of the measures taken in this regard, including within the framework of the Third National Action Plan for the Elimination of Child Labour and of the National Network for theCare ofChildren and Adolescents in Situations of Child Labour in family enterprises, as well as on action taken by the Guardianship Councils.

Articles 2(1) and 7(1) and (3). Minimum age for admission to employment or work, minimum age for admission to light work and regulation of light work activities. The Committee previously took note of a legislative proposal to amend item XXXIII of article 7 of the Federal Constitution (PEC 18/2011), which proposes to lower the minimum age for admission to employment or work, by authorizing children, from the age of 14 years to undertake part-time work for up to 25 hours per week.

The Committee notes that the Government indicates that the CONAETI has included the points raised in its list of priorities and is preparing a technical note and a public note on the draft constitutional amendment. The Committee notes, from the observations of the CUT that the proposed constitutional amendment remains an agenda item for discussion by the Committee on Constitution and Justice and Citizenship (CCJC) of the Chamber of Deputies. The Committee notes, from the website of the Chamber of Deputies that the PEC 18/2011 is currently waiting for the designation of a rapporteur in the CCJC.

In this regard, the Committee reminds the Government that once a minimum age for admission to employment has been specified upon ratification (16 years in the case of Brazil), the Convention provides for the possibility to raise it progressively but does not allow the lowering of the specified minimum age. Moreover, it is of the view that authorizing children from the age of 14 to carry out any kind of work or occupation in any sector or in any occupation for up to 25 hours a week may have a negative impact on children’s school attendance and performance, as the time needed for home work related to their education, as well as for rest and leisure, could be considerably reduced and therefore may not be considered an authorized exception to the minimum age under the Convention and would thus be in contravention of Article 7(1) of the Convention. The Committee further underlines that, pursuant to Article 7(3) of the Convention, the competent authority shall determine the light work activities and prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. In doing so, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, so as to allow children enough time for education and training (including the time needed for the home work-related thereto), for rest during the day and for leisure activities. The Committee therefore once again expresses the firm hope that any legislative proposal to modify the minimum age for admission to employment or to regulate light work activities be considered in light of the above-mentioned provisions of the Convention.

Labour inspection. With reference to its previous comments, the Committee notes the statistical data provided by the Government indicating that, between 2021 and 2023: (1) the Labour Inspectorate carried out 12,590 inspections as part of the efforts to combat child labour; (2) 2,335 violation notices were issued for child labour; and (3) 6,736 children were removed from child labour by the Labour Inspectorate. The Committee further notes with interest the Government’s indication that the recruitment of 900 labour inspectors is planned, to reinforce the capacities of the Labour Inspectorate.

The Committee also takes note of the information provided by the Government on the measures taken to strengthen the capacities of the Labour Inspectorate, including: (1) the publication of a handbook to provide guidance on the general issue of child labour, including its worst forms, for employers, workers and the general public; (2) the development of, and publicity for, a reporting channel to facilitate the filing of complaints of child labour cases; (3) the establishment of a Special Mobile Inspection Group for Combating Child Labour which inspected dump sites in 2022 and açai farms in 2023. The creation of three further Special Mobile Inspection Groups is envisaged; and (4) the Office of the National Coordinator for Child Labour Inspections in the Labour Inspectorate, which operates under the Ministry of Labour and Employment, is carrying out a study, currently at a preliminary, experimental stage, on the impact of inspections on both direct and dissuasive action.

The Committee notes that the CNI, in its observations, specifies that in 2022, there were 1,369 inspections where child labour was found, and a total of 2,324 children and adolescents removed from child labour. The CNI expresses the view that the number of cases detected shows that labour inspections have been effective. The Committee takes note of the measures taken by the Government and requests it to provide information on the impact of the additional measures that have been adopted. The Committee also requests the Government to continue providing information on the number of inspections related to child labour that have been carried out, the number and nature of violations detected and the sectors in which they were found, and to include information on the penalties applied. Finally, the Committee asks the Government: (i) to provide a copy of the study on the impact of inspections undertaken by the Office of the National Coordinator for Child Labour Inspections, once completed; and (ii) as a follow-up to this study, to indicate the measures taken to reinforce the Labour Inspectorate and improve the capacity of labour inspectors in detecting cases of child labour.