Perpetuação da discriminação estrutural histórica na saga do trabalhador infantil piauiense em condição análoga à escravidão: estudo da decisão da Corte Interamericana de Direitos Humanos no caso dos trabalhadores da fazenda Brasil Verde vs. Brasil

Abstract

The thesis analyzes the child labor in Piauí in a condition analogous to slavery, based on the decision of the Inter-American Court of Human Rights (IACHR) in the case of workers from Fazenda Brasil Verde vs. Brazil. The research is linked to Human Rights, Development Rights and Labor Law. The research problem is reflected in the following question: does the public policy implemented by Brazil, aiming at the abolition of slave labor and in an analogous condition, present a condition of efficiency for the eradication of child labor in Piauí in a condition analogous to slavery? To answer this question, we try to confirm the preliminary hypothesis raised that the public policy implemented by Brazil for this purpose is not effective for the eradication of child labor in Piauí in a condition analogous to slavery because it does not rupture with the structure of the problem, which is, extreme poverty, illiteracy, historical structural situation of exclusion, with the perpetuation of child labor in this condition in Piauí, as demonstrated by the procedures researched, and a system must be created capable of adapting and articulating a systemic protection, specially molding to the local conditions, as is the case of Piauí, with development focused on inclusion. The condition of public policy inefficiency, almost nonexistent in Piauí, with the permanence of the exploitation of child slave labor from Piauí does not dissociate from the Brazilian general framework, quite the contrary, it is more intense and accentuated in this State, one of the poorest and least socially developed of the country. In a deductive way, based on the general premises regarding the exploitation trajectory of child labor and the normative construction of its protection, the legal notion of child labor and slave labor and in a similar condition, which is viewed in its historical heritage, and the concepts used by the IACHR in the case decision of Fazenda Brasil Verde vs. Brazil, that recognized the responsibility of Brazil for slave labor in a situation of historical structural discrimination. In this context, were researched bibliographical and documental sources, as well as statistical analysis carried out in Piauí labor court lawsuits, from october 2013 to february 2018, with allegations of slave labor or in an analogous condition. It is used, as a theoretical basis, the thinking of Amartya Sen.