Trabalho escravo contemporâneo : o Standard probatório sob a perspectiva da dignidade da pessoa humana

Abstract

This study examines the production and assessment of evidence in criminal proceedings concerning the crime of reduction to a condition analogous to enslavement, as defined in Article 149 of the Brazilian Criminal Code, from a human rights–based perspective grounded in the principle of human dignity. It is premised on the understanding that the criminal protection of contemporary forms of slavery requires a constitutionally oriented and rights-sensitive interpretation of evidentiary standards. Methodologically, the research adopts an integrated theoretical and empirical approach, combining normative and doctrinal analysis of contemporary slave labor as a human rights violation, human dignity, and criminal evidence law with a qualitative and quantitative examination of twenty appellate decisions issued by the Federal Regional Court of the 5th Region between 2020 and 2024. The findings reveal a predominance of cases arising in rural contexts, the central role of degrading working conditions as legally relevant modalities of exploitation, and the prevalence of a restrictive interpretation of the offense, frequently conditioned on the requirement of direct restriction of freedom of movement. Such an approach directly results in the relativization of the probative value attributed to victims’ testimonies and labor inspection reports, leading, in most cases, to acquittals. Conversely, the analyzed convictions demonstrate that an expansive and constitutionally grounded interpretation of Article 149, informed by human dignity and by a structural understanding of labor exploitation as a form of contemporary slavery, fosters a holistic assessment of evidence and enhances the effectiveness of criminal protection. The study concludes that the persistence of excessively rigid and fragmented evidentiary standards undermines the State’s capacity to provide effective criminal protection against contemporary forms of slavery, whereas placing human dignity at the center of judicial reasoning is essential for a rights-based and context-sensitive response to contemporary slave labor within criminal proceedings.