Trabalho infantil no tráfico de drogas: tese de defesa em processos de apuração de atos infracionais
The use of children and adolescents in drug trafficking is recognized as one of the worst types of child labor, according to dictates of the International Labour Organization. Meanwhile, according to the provisions of the Child and Adolescent Statute, the same phenomenon can be classified as an infr...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/54130 |
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| Resumo: | The use of children and adolescents in drug trafficking is recognized as one of the worst types of child labor, according to dictates of the International Labour Organization. Meanwhile, according to the provisions of the Child and Adolescent Statute, the same phenomenon can be classified as an infraction to be punished with the application of socio-educational measures. Considering that the legal practice of the Brazilian justice system privileges the second conception and makes the first one invisible, it is necessary to analyze how to shift the punitive logic of the infraction processes to a protective bias. Therefore, this research seeks to understand how it is possible to raise child labor as a defensive thesis in court lawsuits of infractions analogous to drug trafficking. To this end, the following specific objectives are defined: to study the international and national normative instruments that deal with the subject; briefly expose the existing legal-normative ambiguity in the national legal system; analyze the treatment given by the Brazilian State and its institutions when verifying the exploitation of child labor in drug trafficking; and, finally, to investigate how the argument of the phenomenon of child labor can contribute to the defense of adolescents in infraction proceedings. The methodology used in this study consists of the deductive method, through descriptive and exploratory research, to be carried out from the bibliographical, normative and jurisprudential review. As results obtained, it is concluded that the conventionality control is the adequate mechanism to instrumentalize the defensive thesis of child labor in drug trafficking in infraction proceedings and that the defense needs to act strategically to obtain favorable decisions for child workers. With the aim of ensuring the human rights of adolescents exploited in the illicit drug market, the authorities of the justice system must exercise conventionality control of domestic laws and prioritize the application of protective measures in specific cases |
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