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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Brazil (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes the Government’s information, in its report, on the activities undertaken under the Fourth National Plan for Combating Trafficking in Persons, namely: (1) a specialized unit made up of labour inspectors for investigating trafficking in persons for purposes of labour exploitation was established; (2) support was provided to strengthen the powers of the courts and the public prosecution service on matters relating to trafficking in persons; and (3) studies were conducted in order to identify legislative gaps and propose reforms with a focus on the protection of vulnerable groups, the funding for care of victims of trafficking and good international practices.

The Committee also takes note of other measures specifically aimed at preventing and addressing child trafficking, including: (1) in 2023, the labour inspectorate carried out two interventions involving three adolescents who had been trafficked for purposes of sexual exploitation and legal proceedings against the perpetrators are under way; (2) courses are available online for Government officials on the prevention of trafficking and the provision of assistance to child victims; and (3) the Ministry of Justice and Public Safety is in the process of concluding a legal instrument with the Federal University of Minas Gerais with a view to launching a data collection study to evaluate the functioning of Brazil’s justice system in prosecuting trafficking and forced labour crimes.

The Government also refers to the publication of a national report on trafficking in persons 2021–23 which shows that, for that period: (1) 24 per cent of reports of trafficking cases were made through reporting sites and concerned alleged child victims, representing 99 girls and 33 boys; and (2) there are increasing reports of children and adolescents being adopted, sometimes illegally, for their subsequent labour or sexual exploitation.

The Committee further notes, from the concluding observations of the Committee on the Elimination of Discrimination Against Women (CEDAW), the concerns over the low prosecution and conviction rates in cases of trafficking in persons, in particular women and girls, for purposes of sexual exploitation and forced labour and that penalties are often administrative rather than criminal sentences (CEDAW/C/BRA/CO/8-9, 6 June 2024, para. 24). While noting the measures adopted by the Government, the Committee notes with concern that trafficking of children for labour and sexual exploitation persists. It also notes the absence of statistical data on the number of investigations, prosecutions, and convictions and on the penalties imposed. The Committee requests the Government to step up its efforts to prevent child trafficking and to ensure that thorough investigations and robust prosecutions of perpetrators of sale and trafficking of children are carried out and that sufficiently dissuasive penalties are imposed in practice. In this regard, it requests the Government to:

• continue to provide information on the implementation of the Fourth National Plan for Combating Trafficking in Persons, as well as on the results achieved, with regard to the measures relating to child trafficking;
• provide information on the measures taken to strengthen the reporting sites and to continue providing information on the number of reports that were made through these sites;
• provide information on the number of investigations and prosecutions in child trafficking cases specifically, as well as on the number and nature of convictions and penalties imposed;
• provide information on the ongoing study evaluating the functioning of the justice system in prosecuting trafficking cases.

Articles 3(d), 5 and 7(1). Hazardous work, labour inspection and penalties. The Committee notes, from the web page of the Radar SIT (Labour inspection statistics and information dashboard) on child labour, that in 2024, 1,357 labour inspections identified the existence of child labour and 2,784 children were found to be engaged in some form of hazardous work as defined and prohibited by Decree No. 6481 of 12 June 2008. The Committee takes note that the number of violations detected tripled in this reporting cycle.

The Committee also notes, according to the National Household Sample Survey (PNAD contínua) conducted by the Brazilian Institute of Geography and Statistics for 2023, that 586,000 children aged 5 to 17 years were engaged in hazardous work. The Committee welcomes the significant drop in the number of children engaged in hazardous work in the country, a 22 per cent reduction compared to 2022 when there were 756,000 children in this situation. The Committee requests the Government to continue its efforts to take all the necessary measures to ensure that children under the age of 18 years are not engaged in hazardous work, including in the informal economy, and that they benefit from the protection afforded by the Convention. It also requests the Government to continue providing information on the number and nature of violations of Decree No. 6481 of 12 June 2008 that have been detected by the labour inspectorate, as well as on the number and nature of penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes, from the PNAD contínua, that in 2023: (1) among 6- to 14-year-olds, the enrolment rate remained at 99.4 per cent in 2022 and 2023; and (2) the drop-out rate for children up to 13 years was 6.2 per cent. The Committee further notes, from the 2023 UNICEF Country Office Annual Report that the Government has been cooperating with UNICEF for the implementation of numerous projects to improve school retention and the quality of education, including: (1) an intersectoral School Active Search Strategy which aims to address distinct causes of school exclusion, with almost 430,000 children out of school or at risk of dropping out who have been reached; and (2) the training of over 62,000 teachers and school managers to promote pedagogical activities.

The Committee notes from the concluding observations of the CEDAW and the Committee on Economic, Social and Cultural Rights (CESCR), that despite efforts by the Government to combat school drop-outs, including through the “Pé-de-Meia” savings programme (a financial and educational incentive programme), school meals programmes and other incentives, concerns remain about: (1) the insufficient budget allocated to education; (2) the high drop-out rates among rural, indigenous, Quilombola and Afrodescendent children, especially girls, due to poverty, engagement in unpaid domestic work, early pregnancy and child marriage; (3) the persistent inequalities in access to education affecting children living in rural and peripheral areas; (4) the shortage of qualified teachers and the inadequate conditions in which teachers work; and (5) shortcomings in the quality of school infrastructure and teaching materials in rural and peripheral areas, including the lack of sanitation facilities (CEDAW/C/BRA/CO/8-9, para. 30 and E/C.12/BRA/CO/3, 15 November 2023, para. 67). Recalling that education is key in preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to ensure that all children complete free basic education, particularly girls, indigenous, Quilombola and Afrodescendent children and those living in rural areas. In this regard, it once again requests the Government to provide information on: (i) the specific measures taken to facilitate access to and retention in school for Afro-Brazilian, indigenous children and children living in rural areas; and (ii) the results achieved, including by providing updated statistical data on school enrolment, retention and drop-out rates.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for their removal, rehabilitation, and social integration. Trafficking and commercial sexual exploitation of children. The Committee takes note of the Government’s indication that the Fourth National Plan for Combating Trafficking in Persons was launched in July 2024 and aims to provide primary guidance for the Government’s actions in the fight against trafficking. It notes that the Plan includes, as one of its five main areas, the protection of, and provision of assistance to, victims. Further, from the information provided by the Government, the Committee notes that: (1) victims of child labour, including its worst forms, receive direct care from the Specialized Protection and Care of Families and Individuals (PAEFI) through the Specialized Social Assistance Referral Centres (CREAS); (2) a guidance note on the identification and provision of assistance to child and adolescent victims of trafficking was developed, in partnership with the International Organization for Migration (IOM), to serve as a tool for institutions, programmes and services that provide assistance to child and adolescent victims of trafficking and their families; and (3) in 2023, the labour inspectorate carried out two interventions to liberate three adolescents who had been trafficked for purposes of sexual exploitation. The victims were reintegrated with their families, provided with social assistance, and enrolled in programmes with a view to their entry into the labour market.

While it takes due note of the information provided by the Government, the Committee notes, from the concluding observations of the CEDAW the concerns over the insufficient number of specialized long-term shelters for women and girls who are victims of trafficking, in particular in rural areas, and the decrease in funding for shelters (CEDAW/C/BRA/CO/8-9, para. 24). Therefore, the Committee requests the Government to pursue its efforts to ensure that child victims of trafficking and commercial sexual exploitation, including in rural areas, are removed from such situations and that they are rehabilitated and socially integrated and this, on a long-term basis. It requests the Government to provide information on the measures taken in this regard and the results achieved, including by providing updated statistical information on the number of child victims of trafficking that have been identified, rehabilitated, and socially integrated, and the type of direct assistance that has been provided to them.

Clause (d). Children at special risk. Child domestic workers. In reply to its previous comments, the Committee notes the Government’s information on the various measures adopted to address child domestic labour, including: (1) the publication, in 2023, of two handbooks distributed to employers of domestic workers, one on information on the applicable legislation and on employers’ legal obligations, and the other on ways of formalizing this type of work under the federal Government’s systems; (2) a national decent domestic work campaign is ongoing to raise awareness among employers and the public of domestic workers’ rights; (3) a national operation targeting child domestic work was conducted, during which 112 adolescents who were performing domestic work in violation of Decree No. 6481/2008 were removed from that work; and (4) the Office of the National Coordinator for Child Labour Inspections developed a reporting channel (the “Child Labour Ipê System” and “Disque 100” hotline) to facilitate the filing of complaints. While it takes due note of the measures taken, the Committee notes that according to the PNAD contínua, in 2023, 6.5 per cent of children in child labour were engaged in domestic work. The Committee therefore requests the Government to strengthen its efforts to ensure that no person under 18 years of age is involved in domestic work, in conformity with Decree No. 6481 of 12 June 2008, and to provide information on the results achieved.

The Committee is raising other matters in a request addressed directly to the Government.