O combate ao trabalho escravo contemporâneo: os desafios da aplicação do artigo 243 da Constituição Federal após a Emenda Constitucional 81/2014.

Abstract

Brazil inherited one of the main characteristics of the colonial countries, slavery, which began with the discovery of the country, and here it remained supported by customs, financial influence and laws for many years, until, yielding to the evolution of industry and consumption, the country gradually repressed slave labor. The abolition is still recent, exactly 130 years ago Law No. 3.353, of May 13, 1888, known as the Lei Áurea, abolished slavery in Brazil. However, subsequent to abolition, slave labor remained for years and continued even with all technological and legal advances. Arising a form of contemporary slavery, which is seen as degrading work, housing and precarious food, debts that limit their right to come and go and exhaustive working hours, which often exceed 12 hours a day. Thus, after Brazil recognized the existence of slave labor in the country, the struggle to eradicate this most odious practice began. In this context, the general objective of this paper is to analyze the challenges of applying article 243 of the Federal Constitution, after the introduction of Constitutional Amendment 81/2014 that allows the expropriation of confiscation of property in the cases of exploitation of slave labor. The expropriation of constitutional amendment 81/2014 requires regulation. In the specific objectives the definition of slave labor according to the International Labor Organization was identified, and in the domestic legal system, it detected the mechanisms to combat the eradication of slave labor and their effectiveness; lastly, he noted the obstacles to the application of the constitutional amendment. The research methodology used was the bibliographic research technique, using the method of deductive approach, starting from the explanation of the generic part to the specific part, through the systematic interpretation of the proposed theme. Thus, it is believed that expropriation is one of the most effective mechanisms in the fight against slave labor, since it removes from the owner the property without any indemnity, but for that to happen it is necessary the regulation of Constitutional Amendment 81/2014 thus preventing the perpetuation of slavery in the country.