O trabalho análogo á condição de escravo no Brasil: um estudo acerca da definição jurídica e formas de combate.

Abstract

This paper aimed to research on the legal definition of labor analogous to slavery in Brazil and contemporary forms of combat. It is very important to analyze and work in the deconstruction of a society with slavery trend as Brazil, over time, rather than suppressing developed the practice, shaping the needs of the economy, as well as adjusting it to the spatial standards Brazilian legal. Given the reason explained emerged this question: HOW develops degrading or forced labor in Brazil, and as the Brazilian legal system and the state act against this practice? Given that the absence of recognition of situations similar to slavery affect the liability of employers who submit their workers to that practice, the legal support necessary to fight there, but it is necessary that potential victims are aware of their rights, as well as be public knowledge the mechanisms possibly adopted in pursuit of eradication. Although it was legally abolished in Brazil for over 100 years, the slave’s work resurges and had to adapt to the imposed rules. It can be configured as characterized forced labor, when the person is forced to keep on situation, when your freedom’s right is stolen. Or when the individual is subjected to degrading work, which is in breach of worker protection rules and, consequently, decent work, based on the provisions of article 149 of the Penal Code. Moreover, several constitutional principles are offended when practiced compulsory labor, like the dignity of human person, social justice, work’s valuation, as well as the submission of the property to environmental function etc. We observe that, among the mechanisms adopted in order to rebuke and combat slave labor, there is the black list, the mobile inspection groups, the national plan for eradication, the civil remedies, and the conduct adjustment term. The work achieved its intended objectives as was analyzed this recognition and definition of labor analogous to slave status in the art. 149 of the Brazilian Penal Code, as well as positioning of the doctrine. Verified the need to strengthen the applicability of such rules, which make up the decent work, giving due importance to the situation. Was also studied and observed the few mechanisms that the government adopts to suppress labor analogous to slave status. Trying to solve the questions that this theme proposes, we used documental research with the consultation of the doctrines in order to expose the historical evolution of slave labor, as well as the analysis of the legal framework of the Brazilian worker protection, to define the legal concept of labor analogous to contemporary slave adopted in Brazil and, at least, used the legal exegetical method interpreting legal provisions of the Consolidation of Labor Laws, Consumer Protection Code, Penal Code, just as constitutional devices.