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Dissertação Acesso aberto (Open Access) Análise de documentos que compõem as noções acerca das práticas de "exploração de trabalhadores rurais": um estudo genealógico(Universidade Federal do Pará, 2011) GOMES, Geise do Socorro Lima; LEMOS, Flávia Cristina Silveira; http://lattes.cnpq.br/8132595498104759This paper presents a foucauldian genealogical analysis concerned discursive practices of power directed at workers, especially in rural areas, which constitute the object of "slave labor". We started from the different nomenclatures that are used to describe the practices of exploitation of workers in Brazil, to give visibility to the different fields struggle which materialize in objectification and subsequent subjectivity of these workers. We hypothesized that there is in this power-knowledge game disputes involving government control practices and biopolitical mechanisms operated by various segments that are called upon to arbitrate about people lives through the scope of work. Each nomenclature, thus, would occupy a strategic position in order to "defend", "represent" the field of knowledge which speaks about. These disputes culminate in the production of documents, some of whom were chosen to be analyzed in this work dissertational. These are documents of national and international level, so that these practices were problematized in two levels, as they realize they both interpolate and sometimes they are rivaled each other in creating strategies and tactics conducted for the care and management of workers. Thus, it was found, throughout cut series of documents over, that grows a demand for application of punishment of those found guilty of carrying out exploitative practices, and among others approached series, there is an extension of a tutelary complex, which begins to be encouraged to control and surveillance of workers, encouraged by international organizations like the International Labour Organization, and other movements and civil society groups, which help in producing public politics that often end up functioning as a form of control risks that possibly these workers are subordinate, using statistics to justify their interventions. Take notice, therefore, that a paradox of biopower pass over these practices, placing them in a field of management and control of life, where we ask ourselves: indeed are the human rights and dignity of these people taken into account or only occupy a place within the field of possible events to be controlled by practices of governmentality? We conclude by trying to articulate these issues to the production of names used to describe the practices of exploitation of workers by placing them in government strategies of the population.Dissertação Acesso aberto (Open Access) O caráter educativo do CDVDH/CB no enfrentamento ao trabalho escravo(Universidade Federal do Pará, 2017-04-25) OLIVEIRA, Marcio Mosiel do Nascimento; SEIBT, Cezar Luís; http://lattes.cnpq.br/7464213317216078This Dissertation develops a study about education performed in Center of the Defense of Life and Human Rights Carmen Bascarán (in Portuguese, Centro de Defesa da Vida e dos Direitos Humanos - CDVDH/CB). The general goal of the study was to analyze the educational features of the CDVDH/CB present in its actions in confrontation with contemporary slave labor, in Açailândia city, state of Maranhão, Brazil. The specific goals were: a) verifying how the partnerships with other institutions occur for the development of educational actions to confront to the slave labor; b) evaluating how the educators’ formation occurs and the leaderships that preside in CDVDH/CB; c) understanding the methodology of CDVDH/CB from their actions. We study the following categories: labor, contemporary slave labor, non-formal education and human rights. The methodology of this paper was based on the model of qualitative analysis research. In search of data, we appealed the following methodological instruments: bibliographical research, documental research and semi-structured interview. In order to contextualize the contemporary slave labor problem and the geographic space of Eastern Amazon, where it has a great incidence, local of CDVDH/CB, we seek theoretical support in Marxist historical-dialectical materialism. When we confront the interviews, we can know how the educational actions are worked, the partnerships, the educators’ formation and the methodology of CDVDH/CB and, then, to know its educational features. Before the study, it was possible to perceive the involvement of those who make the CDVDH / CB, besides knowing the particularities of the education developed in the social movement.Dissertação Acesso aberto (Open Access) Contabilizando os custos do trabalho escravo em empresas e fazendas(Universidade Federal do Pará, 2006-03-31) FERNANDES, Luciana Sá; ACEVEDO MARIN, Rosa Elizabeth; http://lattes.cnpq.br/0087693866786684Studious of the slavery the contemporary identify in these forms of immobilization of the work force proper mechanisms of conscription and election of workers and particular strategies of strengthness front to the disposals of public order. Differently of that it is said currently, the slavery observed in the world contemporary nor always is related with the farmer of archaic mentality, but generally it is a process lead for the great capitalist companies, private enterprise that had direct or indirect support of the State. In Brazil the improvement of the slavery for debt if gave with the capitalist expansion in the Amazon region during the military regimen, as Martins (1995) and has in the debt the element that produces and reproduces the captivity of the worker (laborer) involved in these relations. It would exist, therefore, a rationality in the practical one of enslaved work, that occurs for the incessant search of half reducing costs and more competitive being in the market, each more modern and global But, an irrationality also exists that creates obstacles for its expansion for not the commercialize of all the involved factors, also the work force. The present study it analyzed cases of slavery for debt in the State of Pará, where the match of diverse factors makes possible the reproduction of this form of work relation, also differentiating it of other regions of Brazil. Considering that the contexts are specific, we search to make an analysis of the historical process, to understand if the root of this dynamics is in the economic and social formation of Brazil and the Amazônia. Amongst other objectives, we search to understand which the economic rationality that are for backwards of the practical one of the enslaved work and which its relation with the global process of reproduction of the capital.Dissertação Acesso aberto (Open Access) Em outras margens do atlântico: tráfico negreiro para o estado do Maranhão e Grão-Pará (1707-1750)(Universidade Federal do Pará, 2009-12-11) BARBOSA, Benedito Carlos Costa; CHAMBOULEYRON, Rafael Ivan; http://lattes.cnpq.br/7906172621582952This thesis analyzes the slave trade to the State of Maranhão and Grão-Pará throughout the first half of the eighteenth century. Slave trade to this region was triangular-based and was organized with strong support from the Portuguese Crown, which financed and provided the necessary structure, especially when epidemics of smallpox burst in the region and killed many Indians. At that time, the residents and authorities discussed the importance of the African slaves for the economic growth of the Amazon region, as it helped to overcome the severe lack of labor force in that region. This thesis also analyzes some economic activities developed in the region, such as the sugar mills and brandy stills, the factory of wood, housework and buildings, where it is possible to see the Africans sharing spaces with other social subjects: Mulattoes, Cafusoes, and mainly Indians.Dissertação Acesso aberto (Open Access) Escravidão negra em Belém: mercado, trabalho e liberdade (1810-1850)(Universidade Federal do Pará, 2011) PALHA, Bárbara da Fonseca; BEZERRA NETO, José Maia; http://lattes.cnpq.br/7000143949499821Between the years 1810 and 1850, the presence of slave workers in Belém was significant. Demographically, this population accounted for almost half the population of the city, formed by the urban parishes of the Sé and Campina. This essay examine slavery in Belém, from the different aspects such as the salve trade, the geographic and ethnic origin of the slaves, the demographics and the colors of slave population, the slave market, mobility, freedom and social control, permeated by social, political and economic events in Brazil and the province of Grão-Pará during the fist-half of the nineteenth century, such as the arrival of the royal family and the opening of ports, independence, Cabanagem and promulgation of laws against trade slave in 1815, 1831 and 1850. Narratives of foreign travelers, the press, postmortem inventories, public records, legislation and liberty action are some of the sources used to build the scenery: the Belém of the first-half of the nineteenth century, and our actors: the slave workers.Dissertação Acesso aberto (Open Access) Exploração madeireira e trabalho análogo ao de escravo no Estado do Pará: o caso do Arquipélago do Marajó(Universidade Federal do Pará, 2013-12-16) RESQUE, Samir Pinto; ACEVEDO MARIN, Rosa Elizabeth; http://lattes.cnpq.br/0087693866786684Slave labor opened during the colonization of Brazil, is still present today. Even in the twenty-first century, it is commonplace knowledge of news and evidence of the incidence of exploitation of workers in conditions analogous to slavery. The new panorama of slave labor brings new causes, different bondages and the most cruel forms of exploitation of human beings. In the case of Amazon, research, data, and studies have shown that in the region linked to deforestation activities are directly related to the incidence of submitting workers to conditions analogous to slavery. Despite the government announced emergency measures to combat deforestation, such measures have been inefficient to reverse this historical trend. In this context, the State of Pará is not oblivious to this reality, presenting itself as an area of serious conflict, not only by land issues and predatory and illegal logging, as well as by the high rates of deforestation and serious violations human rights, factors that have effects even more worrying in areas difficult to access as the Archipelago Marajó. The scope of this study is to analyze the relationship between labor analogous to slavery with the dynamics of deforestation in the Amazon, especially with a case study that relates to logging and cases of labor analogous to slavery in the territory of the Archipelago Marajó.Artigo de Periódico Acesso aberto (Open Access) O judiciário brasileiro ante o desafio do trabalho escravo contemporâneo(2014-12) REIS NETO, Flávio Alves dos; BARP, Wilson JoséThis work has as its central axis to analyze how the Brazilian judiciary system acts in relation to the prosecution of employers who employ contemporary slave labor on their farms because, in Brazil there is that deep social inequalities existing in our society well reasoned history are also present at the time the court is called to resolve social conflicts. In order to achieve the defined objectives for the research, carried out a literature survey with a view to list the concepts and categories that relate to modern-day slavery, particularly as regards the legal procedure of the judiciary. Thus, in order to strengthen the findings observed in theoretical proceeded documentary survey by the Federal Court of the County of Marabá.Artigo de Periódico Acesso aberto (Open Access) Negros da terra e/ou negros da Guiné: Trabalho, resistência e repressão no Grão-Pará no período do Diretório(2013-12) SOUZA JÚNIOR, José Alves deThis paper aims to analyze the labor world in the Colonial Grão Pará during the Pombaline period, when Indians showed tenacious resistance to time and work discipline. Such discipline was imposed in the colonization process, associated with high rates of mortality, due to epidemics, resulting in the enhancement of the African slave trade to the captaincy in the 18th century, during the control of the Grão Pará and Maranhão General Trading Company. The Indians' and slaves' colonial experience, which encompassed excessive exploitation and oppression, led these populations to form an identity of interests, and to develop forms of collective resistance, which, thus, justified for a more severe repression by colonial authorities.Dissertação Acesso aberto (Open Access) Trabalho em condições análogas ao de escravo: uma análise a partir da jurisprudência do TRF 3ª da Região(Universidade Federal do Pará, 2018-02-20) FREITAS, Luiza Cristina de Albuquerque; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567This study was developmented with the objective of verify how the TRF of the 3rd Region has been interpreted and applied the crime described in art. 149 of the Criminal Code. For that, was realized a doctrinal study was carried out on the concept of contemporary slave labor in Brazil and yours respective executive modalities. Also been investigated as interpretive currents about to the issue. The field research was carried out from the TRF's jurisprudence of the 3rd Region, be realized an investigative study was carried out on the characterization of slave labor and the elements that is used by TRF inside the cases that are submitted. The method used was the Deductive Method there was based on the analysis of the information obtained in the field research, confronted with the theoretical arguments and with the legal norms, as from an logical reasoning in order to reach the conclusion of the question proposed. The results showed that the TRF of the 3 rd Region, interpret the concept of slave work based on the protection of the dignity of the human person, in a way unrelated to the restriction of the freedom of locomotion. However, in spite of a high incidence of convictions in this court, it was found that the definitive criminal penalty is fixed, in low magnitude in most cases, and, for this has been replaced anothers criminal penaltys so much soft, thare have no condicions to repress sufficiently and appropriately the criminals.Dissertação Acesso aberto (Open Access) O trabalho escravo contemporâneo como fator de descumprimento da função social da propriedade rural(Universidade Federal do Pará, 2009-09-18) MELO, Herena Neves Maués Corrêa de; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535This study aims to analyze the non fulfilment of the homestead social function linked to the reduction of the number of workers in a condition akin to slaves, considering that the Federal constitution of 1988 indicated the human being dignity fundamental for the democratic State of Right, as well as it emphasized, in the set of requirements for the fulfillment of the property social function, art. 186, the observance of laws that regulate the labor relations and the exploration in order to promote the proprietor’s and the workers’ well-beig. In this study, the homestead social function is analyzed as an element inherent to the recent concept of property right. Considering the property social function as structural to the property right, that is to say, the agrarian property right exists to fulfil a necessary function for the society. The inobservance of this social-functionality, drives the related right to its proper extinction, and it takes back from the State the obligation to protect the condition of proprietor of the one who does not fulfil. According to this, the expropriation of properties where the workers are in condition akin to slaves would be a suggestion to invigorate the dogma of the homestead right. Concerning to the property social function, it is necessary to understand the concept of this principle, selected by the Brazilian Political Letter in several articles. It is a plastic concept that can vary according to the objectives defined by the State as possibilities of environmental-economical-social development. So, the approach of this study has the objective to observe the humanity values in a detailed way, based on the Republican Letter, and focusing on the content of the property right and the human being’s dignity.Tese Acesso aberto (Open Access) Trabalho escravo contemporâneo e danos extrapatrimoniais: uma análise da jurisprudência do Tribunal Regional do Trabalho da 8ª Região (2018-2019)(Universidade Federal do Pará, 2021-03-05) OLIVEIRA, Rejane Pessoa de Lima; TRECCANI, Girolamo Denicoom; http://lattes.cnpq.br/4319696853704535; https://orcid.org/0000-0003-4639-9881; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567; https://orcid.org/0000-0003-4955-1949Labor analogous to slavery is still one of the forms of exploitation of workers used in the production of capital, a practice that weakens the democratic-social system established by the Constitution of the Brazilian Federative Republic. And this crime needs to be combated both in the criminal sphere and in the labor sphere. Aiming to eradicate this conduct, the present research proposed to present greater visibility to the fight of this crime through the repair of immaterial damages, the origin of which comes from civil liability, one of the legal institutes that most evolved in the law and that needs to be revealed, through studies that demonstrate this behavior in regional labor jurisprudence. Off-balance-sheet damages, now in comment, for the first time were standardized with the labor reform, implemented by Law No. 13,467 / 2017, characterizing one of the changes in the text of the Consolidation of Labor Laws that most brought divergence and discontent to the working class and that, even the present date, still has its constitutionality questioned. Aiming to highlight the indemnity for moral and existential damages caused as a result of the criminal conduct of contemporary slave labor, bibliographic research, mainly of books, legal publications, periodicals and newsletters, was used as methodology to give theoretical support to the study, as well as for the analysis the jurisprudence produced by the Regional Labor Court of the 8th Region. It also used field research, with the purpose of surveying the number of judgments judged by the referred Court in the years 2018 and 2019, and systematizing them in a database, in order to analyze the theses produced by the respective Classes , counting until the end of 2019, 192 (one hundred and ninety-two) judgments. Several tables and graphs were also built, which made it possible to prospect the result of the investigative process. This process used knowledge of the concept and characterization of the entire framework of knowledge about labor analogous to slavery, as well as non-patrimonial damage, in order to build, through the deductive method, knowledge about judicial decisions. Although the Regional Labor Court of the 8th region recognizes the reimbursement of moral damages and the newest positive existential damage, that is, damages to the life project and to the life of relationships in the practice of slave-like work, it was still evident that in the illegal conduct arising from the proof of the respective damage, degrading work conditions and strenuous work hours were detected. It has also been proven that these characteristics of work analogous to slavery are being denied by the majority of the Regional Labor Court's Groups, thus, it is not being enough to condemn off-balance sheet damages, which has shown resistance on the part of the jurisprudence of this regional. This fact is the result of the precariousness that work has been suffering from the current political, economic and social reality that, although it seeks decent work, permeates the loss of rights resulting from class struggles, such as the minimum day, as well as loss of guarantees protection for workers in general.Dissertação Acesso aberto (Open Access) Trabalho escravo e aliciamento: proposta para a regularização da relação jurídica de emprego(Universidade Federal do Pará, 2011-09-20) NEVES, Débora Maria Ribeiro; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794This work on slavery labor is based upon general and constitutional principles’ analysis which heads the theme, mainly the principle of human dignity, in which is discussed the characterizing hypotheses of the crime of labor’s retrenchment to the slavery’s analogous condition, the covered legal goods, and possible manners to combat this practice. From this viewpoint, we focus the research on forms of state’s preventive action, in order to promote social inclusion of workers. Since it is approached the issue of slavery labor, we discuss mechanisms of social inclusion through suitable actions to curb the practice of slavery labor at the enticement’s time of manpower. The present research has major aim of drawing attention to the problem we still experience nowadays into Brazilian countryside, demonstrating the need of acting effectively against this practice of centuries that concerns in subjecting the human being to subhuman conditions of life, by overexploitation of labor, in order to restrain this crime from the enticement’s time and not only by repressive measures as the rescue. In other words, we advocate the necessity for action at the moment of slavery a priori – in recruitment. Study is structured around three chapters, the first one approaches the theoretical-juridical understanding of slavery labor, analyzing the crime under international, constitutional and criminal view; the second one deals with the analysis of measures of state’s repressive action, providing for labor and criminal comprehensions in jurisprudence regarding the theme, whose judgments have been selected mainly in Pará; and the third chapter brings the investigation of preventive action methods as way to combat slavery labor and promote social inclusion, taking its course in detail onto characteristics of illegal enticement of workers, proposing at the final of this dissertation, the previous regulation of working relationship, turning illegal enticement into regular employment contract.Artigo de Periódico Acesso aberto (Open Access) Trabalho escravo nas fazendas do Estado do Pará(2007-06) FERNANDES, Luciana Sá; ACEVEDO MARIN, Rosa ElizabethThis paper examines a kind of economic rationality of the forms of slave labor in contemporary Brazil. This engaging system is sustained by the availability of workers, by threat, physical coercion, and terror. The present research aims at establishing links between the capitalist expansion in the southeastern State of Pará and the increased number of reports on slave labor and the governmental policies during the military regime. The paper examines the conjugation of these elements and the possibility of understanding the dynamics of slave labor a common practice in that region.Dissertação Acesso aberto (Open Access) Trabalho escravo urbano na construção civil: condições degradantes e a experiência do operariado vinculado ao sindicato dos trabalhadores da indústria da construção civil e em frentes de obras em Belém do Pará(Universidade Federal do Pará, 2015-05-20) MARTINS, Omar Conde Aleixo; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794This work is situated in the context of legal discussion about the labor analogous to slavery in its urban occurrence, bringing to debate the issue of forced labor in civil construction, specifically by one of the crime execution modes, namely the degrading conditions work. Thus, the main objective of the research was to investigate to what extent the social and legal reality of work of construction workers in Belém/PA, from the very perception of these about their social rights, appears as forced labor urban under the focus of degrading conditions. Was used to achieve the proposed objective, the literature search in books, periodicals and journals, as well as a case study concerning forced labor in civil construction, recognized judicially, in the city of Americana/SP; finally, closing the methodological framework, we used the field research through interviews structured and interviews by guidelines with members of state institutions devoted to combat slave labor, and, especially, with civil construction workers to work fronts in Belém/PA and the head office of the Labor Union category, in the same city. The work is divided into three chapters and begins with a visit to the sociological understanding around the city and its impacts in urban labor relations, succeeding a discussion about the slave labor in Brazil and its theoretical and normative pillars, both those from the international standards, as those derived from art. 149 of the Penal Code, which defines the delict device to reduce others to work analogous to slavery, ending with reflections on the essentially urban manifestation of the delict under investigation. Secondly, again moves by the sociological universe to capture some capitalist components of contemporary industry, in addition to the implications arising from the social profile of the slave worker and the typical civil construction worker; closes the chapter with an analysis on the legal concept of degrading conditions and the case study that once announced on forced labor in civil construction. Finally, in the third chapter, we present the field research carried out and the reflections and conclusions drawn from the research as well as a discussion of coping policies to modern-day slavery, their effectiveness and what may be proposed from the crime of study in its urban occurrence, more precisely, in civil construction. The research found that, even if the working conditions of workers interviewed did not characterize submission to degrading conditions, several peculiarities of the service in civil construction need to be considered in assessing, or not, of degrading work, as they may represent aspects of social rights violations and, depending on the case, affront to decent work and the dignity of the human person, grounds protected by the seal to undergo a human being to degrading working conditions.
