Navegando por Autor "GARCIA, Anna Marcella Mendes"

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Acesso aberto (Open Access)
Aplicação do princípio jusambiental do poluidor-pagador às situações de trabalho análogo ao de escravo
(Centro Universitário do Distrito Federal, 2019-04) MARANHÃO, Ney Stany Morais; MESQUITA, Valena Jacob Chaves; GARCIA, Anna Marcella Mendes
It is started on the hypothesis that work in slave-like conditions constitutes a labor-environmental pollution modality, attracting, as a consequence, all the rich normative estuary that gives substance to the Environmental Law in benefit of the adequate legal protection of the balance of the work environment. In this line of reasoning, the legal potentialities resulting of incidence of polluter-pays principle at this peculiar type of environmental damage are questioned. The research is qualitative, eminently bibliographical, and the hypothetical deductive method was used to test the initial hypothesis, confirming it.
Acesso aberto (Open Access)
As Crias da casa: uma analise sobre a caracterização do trabalho infantil domestico exercido em condições análogas as de escravo nos procedimentos do Ministério Público do Trabalho da 8ª Região
(Universidade Federal do Pará, 2020-07-30) GARCIA, Anna Marcella Mendes; SOUZA, Luanna Tomaz de; http://lattes.cnpq.br/5883415348673630; https://orcid.org/0000-0002-8385-8859; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567; https://orcid.org/0000-0003-4955-1949
The present study aims to investigate the occurrence of work analogous to slavery in cases of domestic child labor investigated by the Regional Labor Prosecutor's Office of the 8th Region-PRT-8/MPT, in Para. This is a bibliographic and documentary research, based on the deductive method, which sought to individually analyze, in a quanti-qualitative way, 41 (forty-one) procedures cataloged by PRT-8 as domestic child labor, in order to verify if there were elements that characterize modern slavery. Initially, the theoretical bases of the conceptualization of modern slavery in Brazil were examined, with emphasis on the influence of international norms on the theme and the Kantian theory of human dignity in the construction of the Brazilian penal type. Then, the legal prohibition of child labor was approached, from the presentation of the different notions of childhood that prevailed in the country over time, culminating in the current understanding of children and adolescents as rights holders and development people, whom the full protection doctrine must be applied. The data that indicate the failure of Brazil in the effective eradication of child labor was exposed, as well as the profile of children and adolescents exploited in these conditions. Subsequently, the structure of the MPT was presented, its role in combating slave-like labor and child labor, and the problem arising from its division into thematic coordinators found in the research. Here, an indicators sheet was applied to the PRT-8 procedures, which contained, among other questions, the presence of one or more of the modes of execution of the offense typified in article 149 of the Brazilian Penal Code, which characterize the criminal type, and the classification, by PRT-8, of the occurrence of the crime of exploiting labor analogous to slavery. From the analysis of the procedures it was extracted that in more than half of the cases there were characteristics of child slave-like labor, however none of them were classified as such by the PRT-8. It was also concluded that the majority of the victims were non-white girls and that most of the cases occurred in the capital, Belem. In order to examine the historical relationship between domestic child labor and slave-like labor with social markers such as race, gender and class, data from empirical research on the themes were analyzed, isolated and intersectionally, and bibliographic production on the subject. It was deduced that the cataloging of ministerial procedures in thematic coordinators that do not interact with each other, associated with the historical naturalization of domestic child labor performed by non-white girls in the State of Para, meant that some procedures were not correctly classified as slave-like labor and, consequently, the applicable legal measures were not adopted, resulting in potential harm to the victims.