IMPRESCRIPTIBILITY AND HUMAN RIGHTS: CHALLENGING THE PRESCRIPTION IN THE FIGHT AGAINST SLAVE LABOR
DESAFIANDO A PRESCRIÇÃO NO COMBATE AO TRABALHO ESCRAVO
Keywords:
Slave labor, Prescription, Non-acceptance, Unconventionality, International treatiesAbstract
This paper analyzes the incompatibility of the statute of limitations for the crime of labor analogous to slavery with the Brazilian legal system and international human rights treaties. Based on the thesis that the statute of limitations is not accepted by the 1988 Federal Constitution, it is argued that this infra-legal norm is incompatible with fundamental principles, such as human dignity and the protection of labor rights. The research examines national and international case law, highlighting recent decisions that recognize the imprescriptibility of this crime, including ADPF 1053 and judgments of the Superior Labor Court. The analysis also considers the unconventionality of the statute of limitations in light of the American Convention on Human Rights and the Rome Statute, which establish the imprescriptibility of crimes against humanity. The article concludes that a legislative change is essential to eliminate the statute of limitations in cases of slave labor, promoting the accountability of aggressors and guaranteeing justice and reparation to victims. This transformation is essential to ensure human dignity and respect for fundamental rights, aligning Brazil with international standards for the protection of human rights.
