Diálogos entre interseccionalidade e acesso à justiça no trabalho análogo ao de escravo doméstico

Abstract

The present study intended to understand the importance of an intersectional analysis of race and gender for effective access to justice in cases of contemporary domestic slave labor. To develop the study, qualitative bibliographical research combined with a case study was used. Initially, the concept of contemporary slave labor was presented and an attempt was made to show the relationship between the occurrence of this practice today and social inequality. Then, specifying the debate, the theme of contemporary domestic slave labor was explored, investigating the influences of the intersection of race and gender on this practice. Finally, it was analyzed how the hierarchies and stereotypes of race and gender impact the production and application of the law, having carried out a study of the labor process in which the practice of work analogous to that of domestic slave was recognized in order to understand how race and gender were addressed in the case. At this point, the guiding questions of the Trial Protocol with a Gender Perspective, of the Conselho Nacional de Justiça (CNJ), were used as a methodology for the analysis of the process. It was concluded that an analysis with an intersectional perspective of race and gender is essential to promote effective access to justice, as disregarding these markers can reaffirm inequalities. At the end, it was left as a provocation the idea that only access to the judiciary is not enough in terms of effective access to justice, being necessary to think about the post-rescue of domestic slave labor in an integrated way, considering the particularities of the victim to help him/her reinsert into society.