ANÁLISE CORRELATA AS CONDIÇÕES DEGRADANTES NO ÂMBITO DO TRABALHO - ANÁLOGO À DE ESCRAVO

Abstract

This article aims to scale labor legislation in relation to degrading conditions in the scope of work – work analogous to slavery, especially in rural areas. What is seen today as a reality that gains strength in the work environments in order to exercise exhaustive working hours and work in subhuman conditions, as well as constant disrespect to labor standards. In this sense, we sought through a qualitative approach and essentially bibliographic data collection, complementing the conducts abstractly described in the Penal Code in its art. 49, portraying the conviction of offenders and compensation for illegal acts, within the scope of labor justice, regardless of the application of punishments that the criminal jurisdiction imposes. It was based on the analysis of the scenario prior to the new legislation, which had no specific treatment of the theme addressed in the Consolidation of Labor Laws (CLT), serving in the alternative of the Federal Constitution of 1988, and the Civil Code of 2002, as well as other sparse legislation sparse in judicial protection. We seek to understand a little more about the institute of modern slavery, about respect for the principle of human dignity as a guarantee of decent working conditions, as well as the various possible violations listed as slave-like labor regimes. In contrast to the constitutional dictates related to the fundamental rights and guarantees of the human person, it fosters the debate on the subject and more than that, based, interdisciplinary, on contemporary labor law and the importance of promoting an epistemology renewal of the Legal Sciences, as a possible solution to the controversial issue explained.