THE INSPECTION OF CONTEMPORARY DOMESTIC SLAVE LABOR AND HOUSEHOLD INVIOLABILITY

AN ANALYSIS FROM THE PERSPECTIVE OF THE ADMINISTRATIVE POLICE POWER OF LABOR INSPECTION

Abstract

Despite the formal abolition of slavery in 1888, nowadays, there are still workers providing their services, for decades, in exchange for little more than housing and food, mainly in the scope of domestic work. Nevertheless, the rescue of these workers, with a certain frequency, comes up against the difficulty of inspecting due to the principle of home inviolability. The objective of this article is, therefore, to face the apparent conflict of norms existing between the inviolability of the home and the duty of the Labor Inspector to protect the constitutionally guaranteed rights of domestic workers, rescuing them when subjected to modern slavery. As for the technique, documental and bibliographic research was used, based on the study of current legislation, jurisprudence and specialized literature. The conclusion emphasizes that, despite the dispensability of a court order for forced entry in case of prior well-founded suspicions regarding the occurrence of the crime of reducing a worker to modern slavery, articulation with partner bodies is recommended, as a way of mitigating turmoil in inspection and protection for the labor authority.