Análise do trabalho prisional à luz da lei de execuções penais: da possibilidade de existência de uma modalidade legalizada de trabalho análogo ao de escravo

Abstract

This dissertation had as its object the analysis of prison work according to the requirements imposed by the Law of Penal Executions. Therefore, the research problem started from the existing normative paradox when in the development of work in the prison system there is a legal imposition of the exercise of work at the same time that the range of protection typical of labor relations is removed from the subject, excluding him, including the incidence of the Consolidation of Labor Laws. With this, one can notice the formation of a new category of workers, composed of those who have their labor exploited, but not recognized, in total ignorance of the constitutional principles that guide the Brazilian order. Such object is strictly linked to the area of concentration in Justice, Process and Constitution, as required by the Strictu Sensu Postgraduate Program in Procedural Law - PPGDIR - from the Federal University of Espírito Santo, specifically in the area of Philosophy of Law and Theories of Contemporary Justice, as it seeks to analyze this problem in the face of Theories of Justice, adopting Axel Honneth's Theory of Recognition as a theoretical basis. In this sense, the objective of the investigation was to demonstrate that the performance of the prisoner's work along the lines listed by the criminal procedural law does not agree with the Theories of Justice, nor with the constitutional precepts of valuing work and the dignity of the human person, in reality, as a legalized type of labor analogous to slavery. Thus, a bibliographic and statistical survey was carried out on work within the prison system, covering from the origin of the employment relationship and the creation of the deprivation of liberty, to the current moment of legal arguments for not granting rights, using the dialectical method to analyze the possibility of consolidating a new aspect of slave labor based on the elements of criminal procedural legislation on prison work. That said, it is concluded that there is a need to overcome the current model made possible by Axel Honneth's Theory of Recognition, which serves as a moral lever for labor relations.