A invisibilização do trabalho análogo à escravidão no contexto doméstico: a atuação do poder judiciário em estudo de caso de sentenças

Abstract

This present academic work seeks to analyze and criticize the contemporany slavery work in the domestic context, having as fundamental assumptions the interconnection between structural racism, in the sense of Marxist bias treated by Dora Lúcia Bertúlio (2021), despite the author's own reservations about the limitation of this category regarding the treatment of racial relations and contemporaneous slave labor. The work objects are the sentences pronounced by the Labor Court and the Federal Court in the case of “E. D.” (abbreviation of the name), which reveals a conception rooted in Brazilian structural racism, reinforcing conceptions that make domestic work invisible in a situation analogous to slavery, as well as the role of black women in Brazilian society. The special point relies on the enslaved work fulfilled in the domestic sphere, whose statistical profile of its subjects reveals that it is mostly realized by black women with a low level of education. Considering there are few statistical data regarding cases of complaints, and even more so, the consequent judicialization of these situations, this project decided to contribute to the analysis of the phenomenon in the light of a specific case, which is, the judicial sentence referring to “E.D.” case, in order to develop consonance between the judicial discourse used and the sociological concepts referring to the central characteristic of this production. The method applied in this work was composed by bibliographical review of books, articles, doctrines and publications available on governmental and non-governmental websites, as well as the study and analysis of judicial decisions referring to a specific case.