Terra, trabalho e poder: das raízes agrárias brasileiras às investigações sobre as concepções e a permanência do trabalho escravo contemporâneo.

Abstract

The present work aims to identify, compare, present and investigate the elements that make up the concept of slave labor in the Brazilian Legal Order. The relevance of such identification is manifested mainly to contrast discourses, such as that contained in Senate Bill´s Project No. 432/13, which seeks to change the legal concept of slave labor, currently provided for in article 149 of the Penal Code, and understood as submission of human beings to degrading conditions, exhaustive journey, and restriction of freedom. In addition, it is imperative to highlight the proposal to change the concept of contemporary slave labor contained in Ordinance 1,129 / 17 published by the Ministry of Labor, which brought imperative changes to the understanding and identification of contemporary slave labor in Brazil. In this scenario, it is better to understand the meaning that is brought each of the elements that specify contemporary slave labor under the terms of article 149 of the Penal Code, is essential for understanding contemporary slave labor and for legitimizing actions aimed at prevention, combat and eradicate such a violation of human rights. The defense of the maintenance of the concept of contemporary slave labor as formed by the elements contained in article 149 of the CP (exhaustive day, degrading work, restriction of freedom and debt bondage) is also essential for better applicability and to avoid the attempt to empty of Constitutional Amendment nº 81/14. This amendment brings in its bosom the prediction of the possibility of expropriation of the properties in which slave labor is found, and the destination of these to Agrarian Reform and popular housing programs.