Os cantos dessa cidade: a proteção do trabalho de ambulantes no carnaval de Salvador a partir do monopólio de produtos e serviços

Abstract

The municipal fundraising with the Salvador's Carnival increased from 5 million in 2012 to 30 million in 2013 with the adoption of a sponsorship model that instituted the "Zones of Exclusivity". In this model, the sale of the products and services in the celebration perimeter is restricted to the sponsor's brand. To ensure the monopoly sale, the Municipality delimits the area of the party with portals of inspection and creates a task force for monitoring the work performed by workers in the ambulant trade. Against this scenario, the present paper started from the legal and historical landmarks that made possible the formation of this financial model for the party, to contemplate legal alternatives that prioritizes the protection of dignified work against the economic advantage that the sponsor and the Municipality have receive as a result of the monopoly. For this, the study investigates the historical and legal formation of Carnival and the Carnival of Salvador; the historical and legal formation of its financing models; the conditions that formed the street labour market in the city and their protagonists; the economic utilization received by the Town Hall and the centrality of the monopoly for this increase. Argues the need to extend the protection given by Article 7 of the Federal Constitution to all categories of workers not protected by the employment relationship, the responsibility of the company by the economic benefit that it receives, or also the parallelization of the category of street commerce with dockers; the existence of a similar model of control that dates back to a colonial-mercantilist imperial-slave milestone of 1857 and the centrality of street commerce on building richness in Salvador. Concludes by the existence of a model of richness production that was only possible by the permanence of this unprotected work and by the impossibility of comparing two different historical moments (1857 and 2013-2019), crossed by a constitutional horizon and obtaining the same result, namely, the maintenance of the exploitation of a precarious condition of work.