Estudo comparado da legislação do Brasil e Mercosul: políticas públicas para formação da juventude para o trabalho

Abstract

The present research proposes a study about the public policies for youth related to the extract training for work, considering a comparative documentary analysis between Brazil and the other member countries of Mercosur. With the objective of analyzing the legislation in the framework of Brazil and member countries of the Block, with respect to the increase of public policies oriented to the youth, in the axes of education / formation for the work; to identify Mercosur legislation about the social phenomenon of youth aimed at education for work; to develop a comparative analysis between relevant legislations of Brazil and other Mercosur countries, which are used as a basis for developing Block’s Agreements, Treaties, Guidelines and Recommendations. For the development of this work, exploratory readings were initially carried out, aiming to identify discussions about the formation of the State and society, taking into account historical, social and family context of the Brazilian society; it was then sought in the field of public policies its definition in the social and juridical scope and, from the latter, its consequences in thinking and implementing policies for youth with regard to training for work. In a second moment, it was included in the legal frameworks - Institution of the ECA and the Statute of Youth (EJ) in Brazil and the decree of the Year of Youth (2011) by Mercosur, which point out the importance of this theme. The research was sequenced by a comparative analysis of the Magnitude Letters of the respective member countries, highlighting the points of convergence and divergence of the documents, which culminated in the comparative analysis of texts that are the cornerstone of the instruments of Mercosur. The study showed that the public policies for youth of Mercosur, considering the formation of these actors for the work, are guided by devices derived from the constitutional and infraconstitutional legislation of the member countries of the bloc. The legislator's concern was based on an apparatus of legal provisions deriving from the Magnificent Letters, from singular legislations, from ILO Convention 138 and 182, to advocate, through those legal instruments, the creation of a social being to the detriment of a worker being. And with regard to the comparison between Brazil and the other member countries, it can be deduced that it possesses traces of well-structured legislation, committed to the regulation and protection of the rights and duties inherent to the subjects of youth. In this step, the comparative study serves as a guide to the development of social and cultural policies, having as fundamental axes the education and the work, emphasizing that in the latter it is the source from which the public policies must start, not the contrary.