Trabalho escravo urbano contemporâneo: o trabalho de bolivianos nas oficinas de costura em São Paulo

Marlene Kempfer; Lara Caxico Martins

doi:10.5433/1980-511X.2013v8n3p77

Authors

Marlene Kempfer State University of Londrina
Lara Caxico Martins State University of Londrina

DOI:

https://doi.org/10.5433/1980-511X.2013v8n3p77

Keywords:

Escravidão, bolivianos. trabalho escravo urbano, trabalho decente

Abstract

The Brazilian Federal Constitution of 1988 provides in its Article 1., III, from its foundations to human dignity. But unfortunately, today in Brazil there are numerous cases of Bolivian citizens reduced to a condition analogous to slave also in the field of sewing workshops in greater São Paulo. The supervision of the Ministry of Labour and ILO reports charge that many workers are subjected to very low wages, unhealthy workplaces, poor hygienic conditions and housing. These conditions are an affront to the concept of decent work provided as a right by Brazilian labor laws, ILO Convention 29, in Art. 2 (1930), social function of business property (Art. 170, III CF / 88) and the definition of crime (Article 149 CPP). The slave is one who not only steals the freedom but also the human dignity and must not go unpunished. In the face of this reality and to confront it is pending the Proposed Constitutional Amendment No. 438/01 (which returns to be processed as PEC 57A / 1999), which proposes to amend Article 243 of CF / 88 and provides as a sanction to expropriation rural and urban real estate. Brazil sees up at the prospect of the abolition of new forms of slavery and the ability to ensure these citizens workers' rights due to them.

Author Biographies

Marlene Kempfer, State University of Londrina

Graduated in Law from Curitiba Law School (1981), holds a master's degree in Law from the Catholic University of São Paulo (1995) and a PhD in Law from the Catholic University of São Paulo (2002). Currently a professor at the State University of Londrina, working on graduation, specialization and the Master's in Negotiation Law. She is a full professor at the University of Marilia-SP undergraduate and master's degree. Professor at the Pontifical Catholic University of Parana -Campus Londrina. She is a member of the Special Tax Law Commission - OAB and Regional Representative of the Committee Stage and OAB-PR Order Exam. Works in public law, with emphasis in Tax Law, Administrative law and Constitutional law.

Lara Caxico Martins, State University of Londrina

Graduate student of the 4th year of Law at the State University of Londrina, CNPq scholarship, research project Participant Legal and Philosophical Dialogues: ecocentric parameters of Latin American constitutionalism and the document "The future we want" for public and corporate business.