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Dissertação
Os conceitos de trabalho escravo contemporâneo na jurisprudência brasileira e na corte interamericana de direitos humanos: a busca da maior proteção ao trabalhador
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 Cou...
Autor principal: | HENRIQUES, Camila Franco |
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Grau: | Dissertação |
Idioma: | por |
Publicado em: |
Universidade Federal do Pará
2019
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Assuntos: | |
Acesso em linha: |
http://repositorio.ufpa.br/jspui/handle/2011/10571 |
Resumo: |
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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. |