现代奴隶制度

IF 0.4 Q3 LAW
{"title":"现代奴隶制度","authors":"","doi":"10.18623/rvd.v20.2203-ing","DOIUrl":null,"url":null,"abstract":"This article seeks to review the thematic of current slave labor, verifying how it is perpetuated in the Brazilian history in such a way as to indicate its non-anachronistic character in the Brazilian social relations. Critical-descriptive literature review was adopted, combined with the survey of relevant laws, case laws, and judicial decisions on the theme. Starting from the historicity of the slave labor experience in the Colonial Brazil, we review how this experience and reasoning of the existence of a human being as an object rather than as a subject of rights still remain today, including in judicial decisions that justify its occurrence based on a local pseudo-culture. We verified to what extent this approach, along with a restrictive reading of the concept of modern slavery, unveils a historical moment of setback in the fight against this form of exploitation. And, at the end, we pointed out how modern slavery is expressed in several forms of exploiting human labor today, suggesting paths for the hermeneutics of such a concept so that its confrontation is as broad as possible, as the only way to fulfill citizenship.","PeriodicalId":42430,"journal":{"name":"Veredas do Direito","volume":"4 1","pages":"0"},"PeriodicalIF":0.4000,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"MODERN SLAVERY\",\"authors\":\"\",\"doi\":\"10.18623/rvd.v20.2203-ing\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article seeks to review the thematic of current slave labor, verifying how it is perpetuated in the Brazilian history in such a way as to indicate its non-anachronistic character in the Brazilian social relations. Critical-descriptive literature review was adopted, combined with the survey of relevant laws, case laws, and judicial decisions on the theme. Starting from the historicity of the slave labor experience in the Colonial Brazil, we review how this experience and reasoning of the existence of a human being as an object rather than as a subject of rights still remain today, including in judicial decisions that justify its occurrence based on a local pseudo-culture. We verified to what extent this approach, along with a restrictive reading of the concept of modern slavery, unveils a historical moment of setback in the fight against this form of exploitation. And, at the end, we pointed out how modern slavery is expressed in several forms of exploiting human labor today, suggesting paths for the hermeneutics of such a concept so that its confrontation is as broad as possible, as the only way to fulfill citizenship.\",\"PeriodicalId\":42430,\"journal\":{\"name\":\"Veredas do Direito\",\"volume\":\"4 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2023-06-28\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Veredas do Direito\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.18623/rvd.v20.2203-ing\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Veredas do Direito","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18623/rvd.v20.2203-ing","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0

摘要

本文试图回顾当前奴隶劳动的主题,验证它是如何在巴西历史中延续的,以这种方式表明其在巴西社会关系中的非时代错误特征。采用批判性描述性文献综述,结合对相关法律、判例法和司法判决的调查。从巴西殖民时期奴隶劳动经历的历史性出发,我们回顾了这种人类作为客体而非权利主体存在的经验和推理如何在今天仍然存在,包括在基于当地伪文化的司法判决中为其发生辩护。我们证实,这种方法以及对现代奴隶制概念的限制性解读,在多大程度上揭示了反对这种剥削形式的斗争中出现的一个挫折的历史时刻。最后,我们指出了现代奴隶制是如何在今天剥削人类劳动的几种形式中表现出来的,并为这一概念的解释学提出了途径,以便它的对抗尽可能广泛,作为实现公民身份的唯一途径。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
MODERN SLAVERY
This article seeks to review the thematic of current slave labor, verifying how it is perpetuated in the Brazilian history in such a way as to indicate its non-anachronistic character in the Brazilian social relations. Critical-descriptive literature review was adopted, combined with the survey of relevant laws, case laws, and judicial decisions on the theme. Starting from the historicity of the slave labor experience in the Colonial Brazil, we review how this experience and reasoning of the existence of a human being as an object rather than as a subject of rights still remain today, including in judicial decisions that justify its occurrence based on a local pseudo-culture. We verified to what extent this approach, along with a restrictive reading of the concept of modern slavery, unveils a historical moment of setback in the fight against this form of exploitation. And, at the end, we pointed out how modern slavery is expressed in several forms of exploiting human labor today, suggesting paths for the hermeneutics of such a concept so that its confrontation is as broad as possible, as the only way to fulfill citizenship.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
CiteScore
0.50
自引率
50.00%
发文量
0
审稿时长
12 weeks
期刊介绍: The Veredas do Direito Journal points out in its subtitle two elements: Environmental Law and Sustainable Development. It directs, therefore, its object of interest precisely for thematics related to the concentration areas of the Graduate Law Program of The Dom Helder Câmara Law School - ESDHC: (1) Environmental Law and (2) Sustainable Development. In this sense, the Journal aims to be the serving instrument of scientific and doctrinal papers devoted to aspects and elements that relate to such matters, especially in Law area. Therefore, it is proposed that the editorial line to be followed by the Veredas do Direito Journal is subdivided into two themes: (I) Law, sustainability and human rights; (II) Law, planning and sustainable development.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信