O caso “Trabalhadores da Fazenda Brasil Verde x Estado do Brasil” : da imprescritibilidade do crime de redução à condição análoga à escravidão ao controle de convencionalidade de norma Jus Cogens

Abstract

This monograph consists of a case study on the process of “Workers of the Brasil Verde Farm X Brazil,” adopting a descriptive and exploratory approach. It seeks to analyze the possibility of applying the principle of imprescriptibility, as recognized in the international legal framework, to the prohibition of slave labor in relation to the crime of reducing a person to a condition analogous to slavery, as defined in Article 149 of the Brazilian Penal Code. Thus, the primary sources of analysis include decisions and reports issued by the Inter-American Commission and Court of Human Rights, as well as laws, jurisprudence, legal doctrines, dissertations, books, and scholarly articles addressing matters related to International Human Rights Law. Ultimately, it is concluded that the prohibition of slave labor constitutes an absolute and non-derogable right, not subject to flexibilization or relativization, forming part of the core of jus cogens in international law. Consequently, it is not subject to statutory limitations, requiring the Brazilian State to conduct a conventionality control to ensure the alignment of national legislation with the understanding established by the Inter-American Human Rights System.