A autorização do trabalho infanto juvenil e a incompatibilidade com a normatização previdenciária quanto aos requisitos para a aquisição da qualidade de segurado

Abstract

The present study has as a main objective, analyze the existing conflict between children and youth work authorization, for those with lower age comparing to young apprentice, and the sealing in front of the social security legislation regarding the inclusion of the contribution system of Social Security, for those with less than 14 years. The analysis will be establish under the approach of the situation of those young workers who are taken to labor in artistic environment and does not caught by the social security legislation, despite of the gainful activity exercising by them. The goal is to demonstrate that this situation is about legal and tax relationship. The generator factor is the labor economy activity, once proven the exercise of work, it is not for the INSS discrediting the occurrence of this obligating event. Therefore, this has to be taken as a mandatory insured of General Social Welfare Policy for children and adolescents engaged in such occupation. To accomplish this proposal will be taken into account the opinion of several authors and the current and most recent jurisprudence about this subject.