Lei de Estágio: uma análise dogmática e crítica à luz do dever de o Estado garantir a efetividade dos direitos fundamentais ao trabalho, à educação e à qualificação profissional

Abstract

Law n. 6.494/1977 - Law of Training - and further regulations related to labour rights, education, professional qualification and the State s duty to implement public politics of insertion of youngsters in the labor market are analyzed since dogmatic and critical point of view. The hypothesis is that the wrong way of the didactic-pedagogical curricular purpose of the professional learning reflects badly on Labour Right. Beyond the normative sources that conduct the institute of training, are also tools for this analysis the bibliographical research, the experience in the comparative jurisprudence, the jurisprudence of the Brazilian Courts, some institutional diagnostic produced in schools and intermediating agents, as well as the official research developed in the subjects related to education and youngsters work. The mutations of productive processes have demanded and continue to demand suitable educational formation and professional qualification. Despite this necessity, the Brazilian educational level is presented as one of the worse amongst the emergent countries and the consequent index of youthful unemployment reveals alarming and discouraging perspectives for the youngsters. In this context, the institute of training is an important tool to get the school and the practice together, as a system, adjusted to the recommendations from the ILO and to the grounds of Brazilian Constitution, that has in the social value of work one of its grounds. However, more and more the practical periods of training are moving away from the curriculum of the school, consisting, in fact, in authentic employment relationships, however precarious. The schools do not use the experiences of the trainees to argue its resumes. Plus, the current governmental programs that aim the insertion of the youngsters in the formal labour market, are shy front to the diffusion of training contracts, defying the public politics to reorganize its models, to readapt its norms and to attract the enrollment of the employment power and all the society to its constitutional grounds. It s defended, thus, that the periods of training should rescue its didactic-pedagogical legal nature by changes in the special Law, and this should happen combined with greaters and better investments in the educational area and in the programs of insertion of the youngsters in the formal labour market.