A ILEGALIDADE DO TRABALHO PRISIONAL: ANÁLISE DA LEGALIDADE DA MERCANTILIZAÇÃO DA POBREZA E A CRÍTICA À FORMA JURÍDICA

Abstract

It aims to address the contradiction present in the legality and illegality of prison work, considering that in Brazilian constitutional parameters such exploitation is unconstitutional. Moreover, it is shown that the non-legal recognition of the employment relationship in the Celetist manner is also a direct affront to the principle of legal equality. As well, it is evident that the increasing process of commercialization of prison labor contributes absolutely to the transformation of criminal subjects in Brazil, as in all countries on the periphery of the capital. Also criticizes the growing punitivist culture aimed at racial criminalization and discipline to forced labor of prisoners. It is hoped, thus, to signal the impacts of such changes on the working class life and to foster further study on the role of law in the process of barring mercantilization and human labor.