Os conceitos de trabalho escravo contemporâneo na jurisprudência brasileira e na corte interamericana de direitos humanos: a busca da maior proteção ao trabalhador

Abstract

The general objective of this research is to verify which of the concepts of contemporary slave labor best harmonizes with the pro homine principle. The chosen concepts were the used in Brazil and in the Inter-American System of Human Rights, based on the parameters used by the Inter-American Court of Human Rights in the Brazil Green Farmer’s Workers’ case. This is because slavery has been a social practice since antiquity, but despite all legislative and political developments to face it, this violation perpetuates itself, making urgent to seek new mechanisms to improve this combat. With the current legal logic between the national and international orders it is necessary that in the existence of two (or more) norms or interpretations, jurists identify which one of them best protects the human being, considering that after the Second World War, the dignity of the human person was adopted as the basic legal principle, culminating in a system in which the man is its central element. Therefore, the parameters for the comparison of the concepts used were taken from the principle of dignity. The present work is written in the form of a dissertation and used qualitative dialectic research based on national and international bibliographical and jurisprudential sources. The results showed that, based on the set of parameters proposed in this paper, the interpretation and application of the concept of contemporary slavery of the Inter- American Court of Human Rights should be used as a precedent. However, the best result for the protection of the individual is through the dialogue between the Brazilian and the Inter-American orders.