FORMAL FREEDOM, REAL EXPLOITATION: MODERN SLAVERY AND THE LIMITS OF THE STATE IN PROTECTING THE WORKER

Abstract

This article analyzes the persistence of labor in conditions analogous to slavery in contemporary Brazil, even after the consolidation of legal guarantees aimed at protecting the dignity of the human person. It begins with the observation that, although the Brazilian legal system is broadly protective, modern slavery remains a structural reality, especially among vulnerable populations. The research identifies as a gap the insufficiency of approaches that address the problem solely from a normative perspective, without considering the social, economic, and historical factors that sustain its reproduction. The objective, therefore, is to understand how these elements contribute to the persistence of degrading labor and what are the limits of state action in confronting it. A qualitative approach is adopted, of a bibliographic and documentary nature, with analysis of legislation, doctrine, and studies on the subject. The results show that contemporary slavery manifests itself through practices such as exhausting workdays, debt bondage, and degrading conditions, driven by structural inequalities and the socioeconomic vulnerability of workers. It is concluded that, although legal mechanisms to combat slavery exist, their effectiveness is limited given the complexity of the phenomenon, requiring not only state repression but also integrated public policies and greater social awareness. Addressing modern slavery thus demands coordinated action between the state and society, capable of tackling its structural causes and not just its manifestations.