Trabalho escravo: uma análise da jurisprudência do Tribunal Regional do Trabalho da 8ª Região à luz da Súmula 36, acerca do trabalho em condições degradantes

Abstract

The present research aims to carry out a jurisprudential analysis about work in degrading conditions in the Regional Labor Court of the 8th Region in the light of Precedent 36. The useof work in conditions similar to slave is an illegal practice in Brazil and legally prohibited in international instruments. However, although this type of work is expressly prohibited, it is still common to find workers being subjected to this form of exploitation in urban and rural areas. Article 149 of the Brazilian Penal Code describes work in conditions analogous to slavery based on the typical and equivalent forms of criminal offenses. Although work in degrading conditions is considered one of the typical forms of crime, there is still a difficulty in characterizing it. In view of this phenomenon, there is a need to defend that this form of exploitation is not only the occurrence of labor irregularities during the employment relationship, but also the denial of minimum worker rights, as in this form of labor, health and safety standards are not observed. work safety, thus violating the dignity of the worker. The Regional Labor Court of the 8th Region was chosen for this study due to the existence of jurisprudential dissent among its classes regarding the characterization of work in degrading conditions. The uniformity of jurisprudence in the court was raised, and precedent no 36 was approved in order to provide uniformity in its understanding. Thus, we seek to answer in the work if the edition of Precedent no 36 of the TRT of the 8th Region influenced the court's jurisprudence regarding the recognition of work in degrading conditions and the attribution of moral damage. The research used as a research methodology the bibliographic survey and the consultation of the jurisprudence in the database of the Regional Labor Court of the 8th Region.