Da fiscalização ao julgado: por uma interpretação adequada da jornada exaustiva

Abstract

The research “From infraction records to public civil action: a portrait of slave labor in Minas Gerais”, carried out by the FDUFMG Slave Labor and Human Trafficking Clinic, showed that between 2017 and 2022, 422 labor inspections were carried out in Minas Gerais . Of this total, 173 inspections recognized work similar to slavery, but the exhausting journey was only characterized in 36 inspection reports (Haddad, Miraglia, 2023). Therefore, starting from a preliminary bibliographical and jurisprudential review that offers a constitutionally adequate overview regarding the exhaustive journey modality, pointing out the elements that characterize it in terms of duration and intensity, it is necessary to analyze the interpretations given by the institutions that make up the framework for confronting work analogous to slavery in terms of the concept of exhaustive working hours. The objective of this work is to demonstrate which premises are adopted for the concrete definition of the exhaustive journey, indicating any existing consensus and dissent. In view of the proposed objective, the research methodology will be qualitative and quantitative in nature, based on a legal interpretive and comparative approach. The methodology will involve the analysis of inspection reports, public civil actions, sentences and rulings between the period from January 1, 2017 to July 30, 2024, as well as labor complaints sponsored by CTETP in cases where there is an inspection report indicating working hours exhaustively, in order to verify the interpretation of the Labor Court when provoked by individual demands.