TRABALHO DOMÉSTICO ANÁLOGO AO ESCRAVO E AFETO: ANÁLISE DE DECISÕES JUDICIAIS DO TRT 13 E DO TST

Abstract

In the context of the persistence of the issue of domestic work analogous to slavery in Brazil, this research aimed to analyze the obstacles faced both in the social and legal spheres in combating this practice. The research employed a methodology consisting of literature review, document analysis, and case study, with an exploratory objective and a qualitative-quantitative approach. Two legal cases were examined based on documents provided by the Public Labor Ministry of the 2nd Region, followed by the analysis of two judicial decisions from TRT 13 (1st and 2nd instance) and a decision from TST on the same subject. The analysis of TRT 13 judicial cases revealed varied interpretations regarding the recognition of emotional bonds between the involved parties, although none resulted in the acknowledgment of conditions analogous to slavery. The study also emphasized the persistence of the argument of the prescription of the rights of rescued victims in conditions akin to slavery within the domestic realm in some judicial decisions due to the discretion and individual understanding of the judges. The role of the Superior Labor Court (TST) in recognizing domestic work analogous to slavery was evident, even when the defendants claimed an emotional relationship with the victims. The study also highlighted the potential occurrence of the psychological phenomenon of acrasia, where the victim, despite technical support and counseling to prevent a return to the environment of exploitation, often returns to the cycle of abuse and exploitation, losing their capacity for self-determination after experiencing domestic violence. In conclusion, it is imperative, in cases of rescuing domestic work analogous to slavery, to verify the necessary requirements for establishing the socio-affective bond. This includes the analysis of concrete evidence demonstrating that the rescued woman had access to education and healthcare. Moreover, the urgent need is observed to implement measures that ensure physical separation between the rescued victim and the exploiting family, preventing any contact. These measures are essential to prevent a return to the situation of domestic exploitation.