CASO UNITED STATES V. BONETTI: UMA ANÁLISE DOS MECANISMOS JURÍDICOS DE PROTEÇÃO INTERNACIONAL A BRASILEIROS SUBMETIDOS A CONDIÇÕES ANÁLOGAS À ESCRAVIDÃO NO ESTRANGEIRO

Abstract

This research begins its investigation through a 2022 podcast by Folha de S. Paulo, which received attention in Brazil when investigating the story of an elderly woman living in an abandoned house in an upscale neighborhood of São Paulo, and who revealed herself to be an unpunished author of the crime of submitting a Brazilian woman to the condition of slavery in the United States. Given the repercussion of the case, the research shows that it is essential to analyze how vulnerable Brazilian emigrants in the United States are being subjected to this type of exploitation, what are the main factors for this to occur, and what Brazil can do to assist the nationals who are in a situation of exploitation of their work, in the light of Brazilian legislation and international treaties. For this purpose, a descriptive bibliographic narrative methodological strategy with an indirect qualitative approach was adopted. Through this, it is demonstrated that the main driver for the practice of forced labor against this group is immigration irregularity, a process made difficult by the United States. These Brazilian immigrants in the country find little or no assistance from Brazil, except through consular assistance, due to respect for the sovereignty of each country and the fact that the United States does not recognize the jurisdiction of International Courts within its territory. Therefore, there is a need for both countries to recognize the vulnerability of this group to cooperate mutually in the extermination of the practice of forced labor.