O crime de trabalho escravo contemporâneo: a cor da imunidade no sistema penal

Abstract

The dissertation approaches the manifestation of the economic penal selectivity (penalizes the poor and immunizes the rich); racial (punishes blacks and immunizes whites) and the descriminalization of economic delinquency (the white-collar crimes), based on the concept that criminal law manifests itself as violence from one class against another; it problematizes the attempt of constructing a Brazilian Criminology, starting from the work of Evandro Piza Duarte that presents the racist bases of the theoretical construction of criminology, as well as analyzes the racist works of Nina Rodrigues and its influence in the current criminal control. It presents the concept of white-collar crime and its manifestation, exposing the crime of slavery labor as one of the behaviors that fits into this concept. It presents a historical identification and configuration of the contemporary rural slavery labor processes, analyzing the punitive inversion (that punishes the victim) in a system of informal social penal control of the laborer, as well as the analysis of the situation of criminal proceedings in judicial forums and the finding that most of them have impunity (or immunity), analyzing, furthermore, based on the theory of the Criminal Law of the Enemy, and, in analogy to this, the exploiter of slavery labor as a “friend” in Criminal Law. Analyzing critically the foundations of acquittals and convictions, as well as the repercussion of these sentences in the social environment.