“Mas ela é da família”: o estudo da situação das empregadas domésticas em condições análogas à de escravo no Brasil a partir do caso de Madalena Gordiano

Abstract

Considering that freedom is regarded by the Brazilian legal system as one of the primary legal interests to be protected by the State, and, in a broad sense, is intrinsically linked to human dignity, this research aims to conduct an analysis of the crime of reducing someone to a condition analogous to slavery, as provided for in Article 149 of the Brazilian Penal Code, within domestic labor relations. As black women make up the majority of domestic workers in Brazil, this study of the crime necessarily involves discussions of gender and ethnicity. Therefore, the general objective of this research is to analyze the persistence of the crime of reducing someone to a condition analogous to slavery under the conditions of domestic work in Brazil, based on the case study of Madalena Gordiano. To achieve this, the research will initially examine the socio-historical construction in Brazil of the factors surrounding the characteristics of domestic labor. Subsequently, it will outline the relevant legal and regulatory frameworks addressing the labor rights of domestic workers and their protection against exploitation and conditions analogous to slavery. Finally, the case of Madalena Gordiano, an employee subjected to conditions of work equivalent to slavery, will be analyzed, emphasizing the underlying causes and their legal implications. In conclusion, the research will address the formulated hypothesis that the issue of the studied crime is linked to deep-seated social phenomena, such as racism and sexism, which render domestic workers vulnerable to subordination.