REDUCTION TO A CONDITION ANALOGOUS TO SLAVERY IN A “SLAVERY-FREE” BRAZIL: ANALYSIS OF THE CRIMINAL TYPE AND PUBLIC POLICIES TO COMBAT IT IN THE COUNTRY

Abstract

Although slavery was abolished in Brazil with the Golden Law of 1888, there is still discussion about the problem of “contemporary slavery”, in which individuals are subjected to degrading conditions and exhausting working hours, in labor relations analogous to slavery, dealt with in article 149 of the Brazilian Penal Code. In light of this, this article aims to discuss contemporary slavery in the light of the Brazilian Penal Code, with a view to analyzing the persistence of this phenomenon in Brazil. To this end, it aims to detail the criminal type in question in order to understand its elements, characteristics and incidence. In addition, it aims to analyze statistical data and concrete cases of this type of crime that have had repercussions on Brazilian society and, consequently, on the law, in recent years, as well as to investigate the public policies adopted to combat this crime. The research is qualitative-quantitative in nature, with a hypothetical-deductive approach. It also makes use of bibliographical, critical and exploratory research, consulting doctrine, scientific articles and criminal legislation. As a result, it was found that, despite the robust legal protection against the crime studied, there is a significant percentage of cases of subjection to degrading conditions and forced labor, most of which fall under the aforementioned crime type. Furthermore, although the country has made progress in creating public policies to mitigate these cases, factors such as inequality and deficiencies in the inspection of establishments contribute to the repetition of criminal behavior.