O direito fundamental à aprendizagem profissional na Amazônia e a jurisdição trabalhista: perspectivas decolonial, interseccional e processual

Abstract

The dissertation examines the fundamental right to professional apprenticeship as a legal instrument for the realization of the comprehensive protection of children and adolescents, with emphasis on the Amazonian reality. The research situates the Amazon not merely as a natural space or economic frontier, but as a territory of subjects, cultures, plural childhoods, vulnerabilities, and forms of resistance, which requires a situated reading of the absolute priority established in Article 227 of the Constitution of the Republic and in the Statute of the Child and Adolescent. The study adopts a qualitative, legal-dogmatic, and documentary approach, based on bibliographic review, normative analysis, and case study. The first development section describes the sociocultural and legal ecosystem of children and adolescents in the Amazon and analyzes the construction of the fundamental rights of children and adolescents from a decolonial perspective. The second development section frames professional apprenticeship as a fundamental right with a dual dimension: individual and collective-institutional. This section also examines the constitutional, international, and infraconstitutional foundations of apprenticeship, as well as its interpretation in light of the Protocol for Action and Judgment from the Perspective of Childhood and Adolescence of the Labor Justice system. The third development section conducts a case study of the collective judgment, examining it on three complementary levels: a decolonial analysis of the judicial ruling, an intersectional perspective of the judicial decision, and a procedural examination of the relief granted. In conclusion, it is argued that the apprenticeship quota is not a discretionary corporate concession, but an institutionalized opportunity and a legal duty of social inclusion. The violation of this duty compromises a constitutional arrangement of protected professionalization, education, decent work, dignity, and absolute priority, requiring a specific, timely, territorially sensitive, decolonial, and intersectional judicial response.