Trabalho análogo ao de escravo e restrição de liberdades substantivas a partir dos processos criminais da Justiça Federal do norte do Tocantins

Abstract

Analogue to slave labor is one of the cruelest faces of human exploitation and a problem of alarming incidence on society. Despite the efforts made by actors who intend to combat this type of exploitation, this violation of human rights has been recurrent in working environments in urban and rural areas of Brazil, with Tocantins being the state with the highest incidence. Therefore, the present dissertation has as its main objective to study the social dynamics involved in the occurrence of slave-like labor from the Federal Justice criminal lawsuits operating in the northern region of Tocantins, identifying temporal, spatial and social factors, in particular. , the existence of a situation of social vulnerability. Specifically, this paper aims to characterize the incidence of slave-like labor in the North of Tocantins, between 2003 and 2018, as well as to verify the existence of changes in the dynamics in which the referred illicit happens; understand which legal mechanisms have access to the parties involved in the investigated processes and whether they influence the fight against slave-like labor; identify the legal instruments used by the parties in the course of criminal proceedings and demonstrate the qualitative characteristics of the actors involved in the practice of labor-like crime in the geographical area. n Brazil, research on the crime of reducing workers to slave-like conditions is at an advanced stage, but in Tocantins, however, academic discussions that focus on the subject are still limited to the initial phase. In this sense, the present work is justified by the need for contributions to the debates about the researched theme, focusing, for such, as it has been manifested the action of organs and instances that, together with the Federal Justice that of the Northern region of the State Tocantins, act in the coping, besides its repercussions for the mitigation of this crime. Considering this context, reflecting on the aforementioned problem unfolds in a series of questions, among which we can highlight: What are the defining temporal, social and spatial factors of the practice in this research, which municipalities concentrate the largest number of occurrences and which the qualitative characteristics of the actors involved in the criminal lawsuits related to the labor crime analogous to the slave of the Federal Justice acting in the north of Tocantins? Thus, it has been hypothesized that factors such as occupation, demographic/economic growth, agricultural expansion, lack of promotion of substantive freedoms, denial of rights and reduction of social protection due to unemployment, the precariousness of legal labor relations and apathy in political participation, can generate, in Northern Tocantins, a labor, economic and institutional context that attracts unqualified labor

and produces a contingent of workers in socially vulnerable, subject to slave-like labor. It is pointed out that the research had as theoretical affiliation Amartya Sen's thought that social development can be seen as a process of expansion of real and substantive freedoms that people enjoy and the idea of justice ”takes the conception of a an act that measures itself in terms of their ability to promote such freedoms. Finally, from the perspective of the qualitative and quantitative approach, the investigation was based, as to the technical procedures used, by the documentary research to make analysis of legal documents contained in 22 (twenty-two) of the criminal proceedings instituted to investigate the crime. of work similar to that of slave, in the time frame from 2003 to 2018, in the Federal Justice that operates in the northern region of Tocantins. It was concluded, from the general data collection, that the analogous work of slave labor, in the region object of the research, results from the curtailment of workers' rights and, consequently, from the restriction to their substantive freedoms.