MIGRATION AND LABOR: The construction of a national legal system, formally and materially, capable of confronting work analogous to slavery to the disadvantage of immigrants.
Human Rights; Immigration; Slave Labor.
This paper aims to analyze and propose criteria for the construction of a legal system in Brazil that is capable, both formally and materially, of confronting the conditions of labor analogous to slavery observed against immigrants entering the country. To this end, it will be divided into three parts. The first part will examine general aspects related to the issue of migration, including its interconnection with the exercise of labor, official data on migratory flows in Brazil, and an analysis of the main national and international regulations for the protection of migrant workers. The second part will address the panorama of the confrontation of slave labor at the national level, with an exposition of the main Brazilian statistical data. Afterwards, the interconnection between immigrant workers in Brazil and their susceptibility to social problems such as contemporary slavery will be demonstrated, which will be followed by an analysis of the main regulations aimed at confronting slave labor at the global, inter-American, and national levels. Finally, the material effectiveness of this body of legislation will be investigated in relation to the proposed topic. The third and final part of the study will be dedicated to proposing criteria aimed at ensuring the material effectiveness of the normative systems analyzed in the fight against work in conditions analogous to slavery in relation to immigrants on Brazilian soil. The dissertation study will have a deductive approach, with a qualitative bibliographic, documentary and normative research modality pertinent to migration and work in conditions analogous to slavery. The scientific research will be descriptive and exploratory, according to the proposed purposes. The problem reveals its importance because it involves a topic of universal legal concern, which is compounded both by the broad growth of migratory flows in recent decades, for the most varied reasons, and by the observation that contemporary slavery continues to be present in the global context and has substantial relevance within the regulations aimed at protecting human rights.