Education International Barometer of Human & Trade Union Rights in Education
Brazil
Federative Republic of Brazil
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  Pre-primary Primary Secondary Tertiary Spending % of
Brazil Total %F %P GER NER Total %F %P GER NER PTR Completion
% Total
Completion
% F
Total %F %P GER NER PTR Total %F %P GER GDP Public
Spending
2009 6810379 48.68 5000939 17451886 47.2 15215830 22.64 23616942 51.62 20528715 17.14 6115138 55.96
2008 6784955 48.7 65.05 50 17812436 47.18 127.47 94.16 23.02 23645669 51.71 100.79 81.54 17.2 5958135 55.77 34.44
2007 6574369 48.78 4966978 17996083 47.21 16076053 23.86 23423870 51.74 20744796 18.55 5272877 55.72 5.08
2006 4.95
2005 7297788 48.65 69.09 53.16 18661105 47.59 16742678 136.47 94.41 21.04 24863112 51.62 21745869 105.57 78.7 15.43 4572297 55.86 25.49 4.53
2004
2003 6991823 49.05 29.03 67.54 52.55 18919122 47.72 9.12 140.96 92.93 21.57 24592569 51.75 10.89 102.03 75.67 16.73 3994422 56.44 69.32 22.28
2002 5585662 49.17 27.15 54.73 47.03 19380387 47.74 8.73 145 92.06 24.05 83.55 26789210 51.56 11.05 109.52 74.52 19.12 3582105 56.47 68.26 20.13 4.15 10.86
2001 6565016 49.08 28.67 65.12 50.11 19727684 47.75 8.06 147.67 93.7 22.97 84.41 26441248 51.6 11.27 106.67 71.05 19.33 3125745 56.1 17.78 4.22 11.27
2000 6012240 49.14 27.78 60.14 46.63 20211506 47.7 8.33 150.66 91.75 24.8 79.89 84.5 25094296 51.64 11.27 104.24 68.52 22.12 2781328 56.17 16.06 4.3 12.01
1999 5733273 49.2 27.86 57.58 44.22 20939076 47.73 8.46 154.68 91.29 25.95 24982899 51.81 12.43 99.18 65.76 22.62 2456961 55.56 14.46 4.3 10.42
Last updated: 11 September 2012

Introduction

Brazil is a Federal Republic made up of 26 states and a Federal District. With an estimated surface area of 8.5 km, it is the fifth largest country in the world, following Russia, Canada, China and the USA, and shares borders with all the countries in South America except for Chile and Ecuador.
The President is elected for a term of 4 years and elections take place under a system of universal suffrage by secret ballot, with voting being compulsory between the ages of 18 and 70. The most recent elections took place in two rounds in 2010 and saw the election of the countrys first female president, Dilma Rousseff, of the Workers Party (WP), with 56% of the vote. Rousseff replaces Luiz Incio Lula da Silva, who served as president for 8 years and stepped down with a popularity rating of 83%. The President is supported by 16 of the 27 governors and has a majority both in the Senate and the Chamber of Deputies, as a result of the triumph of WP candidates and their allies in the legislative elections which took place on 3rd October 2010.

Lula da Silvas government transformed Brazil into one of the most important emerging economies (the so-called BRIC countries), lifted almost 23 million people out of absolute poverty, created 14 million jobs, maintained sustained growth accompanied with increased confidence in markets and the international political arena, and has resulted in school attendance rates of 90%.

Significant changes have also been reported in urban areas, one example being the proliferation of services such as post, hospitals and schools in the favelas, both from the public and private sector. The favelas continue to be a difficult reality for many large urban areas in Brazil although standards of living are increasing, thanks to the work of initiatives such as PAC (Accelerated Growth Plan) which promotes the development of the communities. This represents significant progress, however in a country with a history such as Brazils, which includes many years of shortages unaddressed by governments who were not interested in the needs of the population and a long period without democracy during the military dictatorship from 1964 to 1985, it is not surprising that there remain unresolved problems. In terms of education, for example, the problem continues to be widespread, with the 90% of the population which receives schooling only receiving a basic education, and with secondary education not being compulsory, nor of a sufficient quality standard to ensure the future of a country in which more than 30% of its population is less than 14 years old. In fact, one of the most significant challenges faced by Brazil, according to experts, is how to efficiently direct part of the revenue that will be derived from new oil fields discovered in March 2010 for improving education. President Rousseff, an economist, has promised to take money out of the expenditure cycle and place it in a special fund destined for important projects such as education. The preparation, working conditions and pay for teachers are expected to become real priorities.

The judiciary is constitutionally independent but its effectiveness is still challenged and remains exposed to political and economic influences, above all in terms of the state.

Training programmes have been established both for military and non-military police forces with the aim of eradicating the violence and abuse suffered by street children, homosexuals, Afro-Brazilians, women, indigenous people, the elderly and the disabled. There is evidence that police are involved, above all at state level, in kidnappings and hit squad executions.

Discrimination, regardless of the motivation, is prohibited by law and there are fines and sentences for acts of racism and discrimination. However, the indigenous population continue to be unprotected against the invasion of their land and do not always benefit from quality basic services. There have also been reports of the intimidation and assassination of activists in rural areas.

Freedom of expression and the press are guaranteed, as is public access to unclassified government information, although the release of such information remains slow. There are no restrictions on Internet usage, although the police monitor the network to detect on-line sex trafficking and the activities of violent groups. Brazil is a country of origin and destination for the trafficking of men, women and children for sexual exploitation and forced labour. The ILO has calculated that 450,000 children, the majority of which are female, work as domestic servants and are exposed to abuse. The trafficking of people to carry out forced agricultural labour is also a problem. President Lula condemned the problem of people trafficking on repeated occasions and launched public information campaigns to tackle both this problem and that of sex tourism. Judges, police, social workers and psychologists all attend training courses to learn how to recognise people trafficking.

State and federal laws prohibit discrimination based on sexual orientation although cases of aggression still occur. The Minister of Human Rights continues to promote the Brazil without homophobia programme to eradicate this problem and courses are provided to combat discrimination through inclusion and tolerance amongst school children. Social discrimination against the elderly is also reported. With respect to the elderly, the law defines discrimination, abandonment and the denial of emergency care as crimes. Moreover, 90% of such offences are committed by close relatives, the most common being the manipulation of pensions.

Combating corruption remains a priority, although even if there have been programmes and initiatives to overcome the problem, a 2010 report by Transparency International , still warns that according to its Corruption Perceptions Index (from 0 to 10, with 10 being the least corrupt) Brazil only achieves a score of 3.7.

In August 2007, the government published a report on the fate of the political dissidents whose disappearance was caused by the armed forces. In contrast to other countries in Latin America with a recent history of dictatorships, members of the armed forces and former functionaries in Brazil have continued to enjoy protection under the 1979 Amnesty Law and have yet to face charges for human rights violations. In response to increasing pressure from the families of victims, in October 2009, President Lula announced his intention to create a truth commission for the investigation of crimes committed during the military regime.

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?Education Rights

In 2006, Brazil announced its intention to pay off its debts to the IMF in the interests of a future based on strong investment in education. At present, 18% of the federal budget and 25% of state and municipal budgets are destined for education, with varying levels of development between states meaning that some decide to designate more funds to education than others. The federal government now assumes the responsibility for completion of the assignment when minimum established targets fail to be met.
Brazil still suffers from high rates of illiteracy amongst adults (over the age of 15). According to the EFA Monitoring Report in 2010 , 14 million people are in this situation, something which has led the government to continue with the Literate Brazil programme which runs throughout the country with priority given to the 1928 municipalities where the rate of illiteracy is greater than or equal to 25%.
Currently 5.2% of GDP is designated for education. Municipal authorities have been ordered to ensure free transportation for school children and as a country, Brazil is committed to providing free education, something which includes the eradication of charges imposed on parents by a number of factors related to education. It is hoped that the governments commitment to improve child welfare will help millions who would otherwise not have access to education or are at risk of becoming involved in informal, unstable and dangerous labour from an early age.
Children under 6 receive free day care and preschool, and education is compulsory between the ages of 6 and 14. Girls and boys attend school in comparable numbers although according to the 2010 Human Development Report, on average only 7.2 of the 13.8 years of expected schooling are completed.
The efficiency and scope of the Brazilian university system is continuously increasing. The main public universities in the states of Sao Paulo, Rio de Janeiro, Mato Grosso, Bahia and the Brazilian Federal District all have affirmative action programmes for the indigenous population. Afro-Brazilians constitute 16% of the university population and fill 3% to 7% places at the country's public universities. The University of Brasilia has reserved 25% of its first year places for Afro-Brazilian students.

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?Early Childhood
Education (ECE)

A three year programme begins at the age of 4. At this level 23% of education is private and the Net Enrolment Rate (NER) is 52%. Of the 297,484 teachers working at this level, 96% are women and the pupil/teacher ratio (PTR) is 19:1.

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?Primary Education

Education is compulsory from the age of 7 to 14 with primary school education beginning at 7 and continuing for 4 years. At this level 25% of education is private and the NER is 97% (49% female). Of the students who enrol in Grade 1, 84% continue to the last grade of primary school and 21% of students repeat grades. There are 805,410 teachers (90% female) working at this level. The PTR is 24:1.

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?Secondary Education,
Vocational Education and Training

Secondary education begins at the age of 11 and lasts for 7 years. At this level 11% of education is private and 5% of students in upper secondary education study in technical vocational programmes. The NER is 88% and 17% of students repeat grades. There are 1,401,056 secondary teachers, 880,864 (86% female) in lower secondary and 520,192 (69% female) in upper secondary. The PTR is 20:1 in lower secondary and 18:1 in upper secondary.

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?Tertiary/Higher Education

1,199,845 students (56% female) study in tertiary institutions, with a Gross Enrolment Rate (GER) of 82.33%. At this level 68% of education is private. International students coming to study in Brazil can be broken down as follows: Latin America and Caribbean countries (387), North America and Western Europe (98), Sub-Saharan Africa (34), Asia (27), Arab States (2), Central and Eastern Europe (1), and 701 students from unspecified countries. There are 19,619 Brazilian students studying abroad, mainly in the USA (7,799), Germany (1,801), Portugal (1,760), France (1,759) and the UK (1,110).

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?Children with Special Needs

The Constitution establishes a series of rights and guarantees for educational and employment opportunities for those who live with a disability. However, legally established targets are not always met, especially in terms of employment opportunities. Companies are required to reserve positions for disabled people in return for preferential treatment when bidding for public contracts. At least 5% of new federal government personnel must include people with disabilities.

Young offenders institutes suffer from a lack of staffing and treatment received by inmates with mental health problems is not always appropriate. Other problems include lack of professional information, resources and modernised infrastructure. Amongst many other factors which serve as obstacles to the full inclusion of special needs students, a number of writers insist upon the inadequacy of the specific content of teacher training both at the start of and during service.

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?Refugee Children

The law provides for asylum or refugee status to be granted in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 Protocol, and the government has established a system for providing protection to refugees. Brazil has approved a law for refugees and has become an accepting country.

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?Minorities and Indigenous Peoples

Brazil has one of the most significant inequality indexes in Latin America: the wealthiest 10% have an average monthly income of 5,600 Reais (US $1,982) while the poorest 50% receive only 272 reais (US $96) per month. There are approximately 90 million Afro-Brazilians who constitute almost half of the national population. However, in spite of the changes that have been effected, the poor continue to represent a large proportion of the countrys population and at present there is still a significant education gap. This is partly derived from the fact that the wealthy are able to pay for private education and pre-university tutoring, while the poor attend public schools which are still lacking resources and suffer from deprivation. In spite of racial discrimination being prohibited by law, Afro-Brazilians and the indigenous population continue to experience difficulties in this respect, coming up against social and economic discrimination, including high rates of unemployment.

The indigenous population has a considerable amount of legally recognised rights to protect its cultural heritage and the use of its traditional lands, however in practice these rights are not always complied with. Brazils indigenous population is composed of 460,000 people who still live on their land, in addition to 190,000 who do not; some 10,000 teachers work in schools at indigenous settlements. 90% of these teachers are of indigenous origin, thus respecting education laws which protect and promote indigenous languages and cultures, although only 25% of these teachers are fully qualified. Teacher training courses are provided by the institutions themselves. The illegal exploitation of indigenous lands, social pressure, and dangerous illegal labour in the mining industry seriously threatens the existence of indigenous cultures. The destruction of the environment and violent confrontations are caused by those who partake in the abusive exploitation of indigenous lands for mining, felling and agriculture. The situation is particularly serious in the Amazon, one of the planets lungs.

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?Academic Freedom

Reports do not indicate any restriction of academic freedom.

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?Gender Equality

Women are legally recognized as having the same rights as men, however sexual discrimination continues to exist, both in the labour market and in society.
A report on the Feminisation of Poverty pointed out that women earn 30% less than men and that in households headed by a single woman the earnings are less than half the minimum wage. White Brazilian women earn 40% less than white men and Afro-Brazilian women 60% less than white men. However, the current quota system requires women to form at least 20% of new recruitment for the federal government and establishes 120 days of maternity leave covered by social security and 7 days of paternity leave for men. Employers cannot ask applicants or employees to take pregnancy tests or present sterilisation certificates. Some companies continue to avoid recruiting women of childbearing age to avoid the payment of benefits.

Sexual harassment is a criminal offence and is punishable in the workplace or places of education in hierarchical situations where the perpetrator occupies a higher position to the victim. Domestic violence is widespread but hardly reported. The government has taken measures to combat gender-based violence and all states now have womens police stations (delegacias da mulher). However, the Penal Code still allows a convicted rapist to escape punishment if the victim marries him or if the victim marries a third person and does not request an investigation or criminal proceedings. Trafficking of women for the purpose of prostitution is a serious problem.

While the enrolment level for females in primary level education is high, it continues to be lower that the level for males (93% of females compared with 95% of males). 91% of primary level teachers are women, with this number dropping to 68% at secondary level and only 44% at tertiary level.

The level of participation of women in the workforce is 64%, still well below that of men (85%). Unemployment among females stands at 10% while amongst males it is only 6%. For the same or equivalent job, women earn slightly less than two-thirds of the pay of a man (gender pay gap: US $7,190 for females and US $12,006 for males). The perception of pay equality for a similar job (123 out of 134 countries) has been continuously decreasing over the last three years. Finally, with women occupying only 9% of parliamentary positions and only 7% of ministerial level positions, Brazil ranks extremely low in terms of these indicators (108 and 102 out of 134 countries, respectively) .

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?Child Labour

The minimum working age is 16 although apprenticeships can begin from the age of 14. Those under 18 may not undertake jobs which require significant physical effort, which take place at night or under unhealthy, dangerous or ethically harmful conditions. For minors to work as apprentices, they must first obtain parental permission as well as attend school. According to the ILO , 9.1% (one and a half million) of boys and 4.5% (700,000) girls between the ages of 5 and 14 work. Half of this child labour goes unpaid, with 90% working in the informal sector and a significant number working in rural areas. The ILO estimates that approximately 20% of girls between the ages of 10 and 14 work as domestic servants.

According to the Research Institute Foundation at the University of Sao Paulo, 2% of homeless people in the city are less than 17 years old and in Rio de Janeiro there are 57 shelters for street children. The government Programme for the Eradication of Child Labour receives support from a variety of groups who gather statistics and develop plans for the inspection of workplaces in order to ensure compliance with child labour laws. The majority of inspections which take place in workplaces to detect the presence of children are a result of complaints made by workers, trade unions and the media. The government programme provides cash support to low income families to allow them to keep their children in school and out of work. More than 1 million children throughout 26 states and the federal capital continue to benefit from this programme. In order to continue to prevent child labour and promote education, the government continues to expand its Bolsa Escola programme which provides schooling support to help more than 900,000 mothers in the municipal area. The ILO coordinates a programme to reduce sexual exploitation and domestic servitude amongst girls and UNICEF finances more than 200 programmes to take minors out of exploitative labour and return them to school. The unions which are members of EI also include programmes for the training of its members covering the risks of child labour, encouraging them to work with the authorities to combat this serious problem.

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?Trade Union Rights

Even when basic union rights are guaranteed, there is a series of problematic aspects in terms of the law. The Constitution and the Labour Code protect the right of all workers to form unions, with the exception of certain employees of the State. The unicidade system stipulates that only one trade union is allowed per economic sector or occupation in each territorial area and the requirements for setting up union offices are excessive. Additionally, the right to collective bargaining is not sufficiently ensured, since an agreement can be declared void if it is deemed to go against the economic or financial policies of the Government. Public officials do not have the right to collective bargaining and in public or mixed companies the negotiation of pay is limited. Even if workers right to strike is guaranteed for the public and private sectors, strikes in the public sector are subject to a series of regulations which have not yet been established. Finally, the interdito proibitrio (prohibitory interdiction) legal instrument has been used to prohibit or restrict strike pickets on the grounds of avoiding interference with property or looting.

All workers have the right to join unions, except members of the military, uniformed police and fire services. Collective bargaining is widespread in the formal sector, and 16% of the work force is unionised, with trade unions negotiating on behalf of all workers registered in their professional category. In contrast, the informal sector, which accounts for almost half the work force, is not unionised and 70% of agricultural workers are unregistered. Intimidation and killings of rural labour union organisers constitutes a serious problem, with those who perpetrate these acts receiving impunity.
Forced or compulsory labour is illegal, but nonetheless occurs in many states. Children who work under forced labour often work with their parents, although also with third parties. The law allows the government to expropriate lands where forced labour is found to take place. The national minimum wage does not provide a decent standard of living for a worker and their family and a 44-hour working week is the norm.

Act 11,738 was approved in June 2008, establishing the National Professional Base Salary for all basic public education professionals, regulating the available constitutional provisions. This constituted a significant achievement, thanks to the efforts of education union organisations.

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Country/Territory name Federative Republic of Brazil
Population 193 (2010)
ILO Conventions ILO 29 (1957)
ILO 98 (1952)
ILO 100 (1957)
ILO 105 (1965)
ILO 111 (1965)
ILO 138 (2001)
ILO 169 (2002)
ILO 182 (2000)
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