Trabalho escravo contemporâneo: a invisibilidade seletiva das trabalhadoras domésticas e o caso paradigmático "Madalena Gordiano"

Abstract

This research presents an analysis of the invisibility of work analogous to slavery in the provision of domestic services and studies the particularities of this illicit in the case of the rescue of Madalena Gordiano. Therefore, the research delimits as a starting point the following question: what explains the social invisibility of domestic work in conditions analogous to slavery and how the case of “Madalena Gordiano” fits into the concept of domestic slave labor? To answer the question, the study uses as a methodology the legal sociological research strand, relating law with other sciences. In addition, from the deductive approach method, the research technique is the documentary bibliographic analysis, basing the work on indirect documentation, such as books, periodicals, annals of events, theses, dissertations, judicial and extrajudicial procedures and legislation, as well as, in an unstructured interview with the Labor Tax Auditor. The research aims to understand domestic slave labor as an imperceptible problem in society. For this, its particularities are presented and how they corroborate for the exploration of the category. Finally, it analyzes the concept of art. 149 of the CPB in the face of the “Madalena Gordiano” case and what are its impacts on the fight against the disease. As a result of the theoretical and practical presentation, it can be seen that the invisibility of domestic slave labor has a multifactorial justification, from the Brazilian slavery heritage, the sexual division of labor imposed by patriarchy and the use of the false argument “almost in the family”, crucial elements. to the continued exploitation of the bodies of black, poor and poorly educated women, who are taken to the homes of their employers to provide services without observing the fundamental rights of the worker. Madalena is a living example of the legacy of slavery, and her case served as a stimulus for combating the illicit.