Poder Judiciário e trabalho escravo: localização geográfica e a vítima camponesa

Abstract

This article will analyzethe leading case constituted by Special Appeal (RE) 1323708, which will be ruled upon by the Brazilian Supreme Court (STF) and is expected to be subject to widespread repercussion. The case will assess with whether geographical and cultural criteria should be considered in determining whether an individual has been reduced to a condition analogous to slavery. The issue discussed in this work will therefore be: how does geographical location, the subject of the leading case (RE 1323708), erase the peasant victim of slave labour? The hypothesis posed in this article is that the judiciary branch, when ruling based on geographical location, is guided by a stigmatized view of smallholder. This qualitative study will draw upon Warat, Perelman and Foucault as its primary theoretical references, seeking to establish interpretative hypotheses regarding the meaning behind smallholder citizenship supporting an argument based on geographical location. It will consequently describe the contradictory relationship between the judiciary branch and smallholder farmers living along territorial frontiers. The main conclusion presented in this study involves an understanding that geographical criteria stem from a judicial vision that both hinges upon and helps to institutionalize the stigmatization of smallholders.