Mesquita Barros Advogados
www.mesquitabarros.com.br
Brazil until 1807 was the main Portuguese Colony, therefore its social structure was based on slavery work and natural resources extraction to the benefit of Portugal Economy. This is critical to understand the current age discrimination picture in the country. Only after that year, there was a superficial change in the basic structure by the historical moment of arrival in the country of the Royal Portuguese Family with the transfer of the and Power to and the opening of Brazilian ports to friendly nations, specially the that imposed such conditions in exchange for political support.
From 1807 to 2008, only 200 years, Brazil went from Colony, to Kingdom (1808), to Empire (1822) and finally to Republic (1889). The slavery was officially abolished (1888). In 1891, the country already demonstrated the heading of Capital & Labor relations would take. In this same year to first Brazilian law related to protection for the working minor is promulgated.
After some timid initiation of work conditions regulation and total carelessness for the Brazilian worker , again , the maturing and development of the society at the historical moment in the 1930s decade. In 1943 the CLT (Brazilian Labor Law) was promulgated, ruling Labor Law as a whole, establishing limits and obligations to be observed by both employers, mainly and employees. The protection women and youngsters at work came in play, forbidding labor to younger than 16 , and to younger than 18 in hazardous conditions, on night shift work, in moral hazardous conditions, clarifying as harmful the street sale of newspapers or magazines, the work on casinos, night clubs , liquor shops among others.
After the years of military regime, at the end of the 80s, beginning of the 90s the competition for job vacancies demanded better technical and professional education from the workers. The market gave preference to hiring younger, better, prepared workers who were beginning careers, in jeopardize of the ones, who were 20 or 30 years older, who had not had adequate techno-professional training , and were entitled to higher salaries .Then the country experienced its first age discrimination period.
In Brazil, another relevant aspect is the age limit to participate on public concourses, to fulfill some positions the State discriminates, requesting the candidates to be between 18 and 35, for instance, on Policemen selection processes. Despite diverse media indignation, nothing has been done till now in order to refrain such discriminatory request.
The country however, shows signs in the market of a search for balance. The official indexes, by the end 2007, beginning 2008 the number of over 40s workers hired increased significantly and that shall be a trend.
Different than in continental Europe or United Kingdom, in Brazil there are only few laws protecting the youngsters labor like the one prohibiting to the employer the requirement of proof of prior experience of over 6 months in the same fields of activity. Also, different from the European countries where there are specific laws to refrain practices of that nature, Brazil is following a way of incentive to the hiring of elderly. Nowadays, there are bills of law aiming to create fiscal incentives to companies holding significant percentage of over 45s on their headcount, represented by the first bill of law # 688/1999. All projects are in the conclusion phase and soon shall alter the workers picture.
In regards to youngsters accessibility to jobs, currently Brazil imposes quotes of mandatory hiring of minors apprentices, aged between14 and 24, in percentages between 5 and 15% of total headcount and intends to offer fiscal incentives to the employers maintaining significant contingent of over 45s workers.
Through policies of incentive to companies hiring elderly and youngsters hiring imposing of minimum personnel along with non request prior experience.
Those are considerations we understand necessary in order to demonstrate the Age Discrimination refrain in Brazil is moving forward.