Acesso à justiça pela via do direito à profissionalização e ao trabalho digno: o Programa “Descubra!”

Abstract

From the framework of access to justice through rights derived from the three-dimensional justice proposed by Nancy Fraser, work is recognized as a right, constituting one dimension of citizenship, along with access to education, health, culture, among other social rights. In this context, this dissertation proposes the legal and social investigation of the “Descubra!” program created to promote the protected insertion into work by adolescents and young people from the socio-educational system, in a situation of institutional care and rescued from child labor in the State of Minas Gerais. We sought to investigate whether the institute of apprenticeship aimed at the public in a vulnerable situation, as provided for in the Brazilian legal system and the way it is applied in the “Descubra” Program, meets, from the perspective of the subjects involved, the scopes of effectiveness justice through the right to decent work. In this sense, the present investigation allowed the recording of the first years of this pioneering experience that took place in Minas Gerais, as well as serving as a gateway to questions that go beyond the case study, considering the theme of work as an alternative to adolescents and young people at social risk and the multiple meanings that work can assume in the lives of these subjects. As a methodological strategy of the proposed case study, a theoretical and legal investigation on the right to professionalization and professional apprenticeship was promoted in the light of the framework of access to justice through rights, as well as field observation, analysis of quantitative data, conducting semi-structured interviews with the actors who conceived the construction of the program and monitor its execution, companies, and young apprentices. From these reports, one can see the challenges experienced in the daily lives of adolescents both in the educational institution and in the work environment. This study found that the experience of protected work, through professional apprenticeship, ends up taking on new meanings in the lives of these subjects, who, for the most part, were already inserted in precarious and even illegal forms of work, normally listed in Decree 6,481 /2008 (TIP List). As a result of their inclusion in the program, these young people gain access to a new world of work, which provides continuity of studies, safeguards their labor rights, as well as allows the discovery of the city itself, of people and territories outside the community in which they live. Many respondents also reported that the opportunities experienced by participating in “Discover!” influenced the definition of plans for the future. Finally, this study identified that the great challenge of the program is to provide the conditions of the juvenile to support themselves not only in the program but also to pursue the dreams built within it.