Trabalho análogo ao de escravo no direito internacional e nacional com ênfase no estado da Paraíba

Abstract

Slave labour is part of humankind¿s history and, in the contemporary context it has come to be considered a global problem fought by international institutes and bodies linked to human rights. Based on a specialized bibliographic survey, the goal of the research is to establish the state of the art of the topic on a legal perspective. The investigation observers labour analogous to slavery in a contemporary context. The phenomena present multiple academic and legal definitions and it is found to be object of research and international law, in treaties and conventions. In Brazil, there is a provision aim to promote decent work expressed as a fundamental right in the 1988 Constitution of the Federative Republic of Brazil alongside national laws. The central question-problem of the research investigates: how do the policies to curb labour analogous to slavery incorporate and apply the legal systems established by international law in Brazil in the State of Paraiba? As a way of guiding the investigation, the premise herein adopted is that there is a legal incorporation of contemporary concepts related to slave-like work established by international law during the 20th century, in the contemporary form of tools of knowledge and data structures to inform the actions of public policies. However, definitions and concepts on work analogous to slavery are still debated in legal contexts in Brazil, thus generating negative impacts in the fight against its practice. Even so, it is verified that the data and concepts used for collecting them seem to follow international norms as they start from cooperation initiatives with international organizations, thus helping, based on international law, to curb this practice. In the analytical chapters, in addition to the conceptual approach, the importance of the Principle of Human Dignity, the contributions of International Law to the theme, as well as the governmental and non-governmental actions to fight work analogous to slavery established in Brazil were studied. The work concludes by analysing the data and knowledge platform SmartLab from the Digital Observatory of Slave Labour in Brazil. It is considered a product and tool for institutional cooperation in combating slave labour, originating in international cooperation. The research explores how international concepts and standards are shown in these tools and actions. In a more specific context, it appears that the state of Paraiba, although not among the States where there is a higher incidence of labour analogous to slavery, presents worrying numbers regarding the departure or migration of its citizens to other regions in search of better economic and social conditions. In their new destinations they end up being co-opted to live under a situation analogous to that of a slave. There is an urgent need to strengthen the institutions that inspect and punish contemporary slavery, including effective participation of society, and the expansion public policies to act directly on the sources that generate the conditions in which people end co-opted to slave-like conditions namely the lack of public policies and decent work opportunities in the poorest parts of the country.