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Dissertação
Trabalho escravo e aliciamento: proposta para a regularização da relação jurídica de emprego
This 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 good...
Autor principal: | NEVES, Débora Maria Ribeiro |
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Grau: | Dissertação |
Idioma: | por |
Publicado em: |
Universidade Federal do Pará
2015
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Assuntos: | |
Acesso em linha: |
http://repositorio.ufpa.br/jspui/handle/2011/6399 |
Resumo: |
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This 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. |