O enfrentamento ao tráfico de pessoas para fins de trabalho laboral na contemporaneidade brasileira: avanços e limites

Abstract

This work, of a qualitative nature, studies the Trafficking in Persons for the purpose of labor in contemporary Brazil. It aims to analyze the economic determination of Human Trafficking for the purpose of labor exploitation in contemporary times and what are the advances and limits of the State's fight against slave labor in Brazil. The methodological procedure used was bibliographic and documentary research, so that a bibliographic survey was carried out, based on authors such as Engels (1876), Marx (1996), Netto and Braz (2012), Lessa (1999), among others. Documentary analysis was also used, whose source was the empirical material that constituted the corpus of the research, namely: the 1988 Constitution, the Penal Code, the Universal Declaration of Human Rights and websites (primary source). It was also used, as a secondary source, the reports on Trafficking in Persons of the years 2016 and 2018, the Palermo Protocol, the "Monitor" Repórter Brasil report (2021), the evaluation report on Slave Labor in Brazil in the 21st century of the International Labor Organization, among others. It has as background the analysis of the category of work and the evolution of servitude during the passages of the modes of production, particularly in capitalism, where modern slavery will be present and crimes such as Human Trafficking, which resume ancient practices analogous to slavery. It emphasizes the perversity of the practices of Human Trafficking for the purpose of labor exploitation, as well as other forms of modern slavery, analyzing in which ways such crimes hurt the legal powers and human dignity. The study reveals the capitalist mode of production as the economic determinant that perpetuates servitude today, as well as identifying the advances of the Brazilian State in combating this crime, namely: the broadening of the legal concept of the condition analogous to slavery with the alteration of art. 149 of Decree Law no. 2. 848/1940; the launch of the National Plan for the Eradication of Slave Labor during the government of Luís Inácio Lula da Silva, responsible for the creation of the National Commission for the Eradication of Slave Labor (CONATRAE), and the second National Plan for the Eradication of Slave Labor that was of great importance for the future approval of the "PEC of Slave Labor"; the creation in 2004 by the Ministry of Labor of the Registry of Employers and the "dirty list"; improvements in the Penal Code with the characterization of recruiting as a crime through Law no. 9. 777, of 12.29.1998, besides foreseeing the confiscation of land caught in the act of using labor and slave labor, providing compensation to the victims through the Project of Constitutional Amendment number 438/01. With regard to the limits of the State's efforts to combat trafficking in persons for labor, the study reveals: the lack of Agrarian Reform projects; impunity among cases detected and judged; the almost non-existent democratization of public, quality education; the lack of economic and social aid policies for victims, among others. From this study it is understood that the eradication of trafficking in persons, as well as other crimes analogous to slavery, will only be possible with the end of the structures of the economic model of capital, responsible for the support and maintenance of these and other exploitative practices, which present themselves as expressions of the exploitation of man by man.