Análise da possibilidade da caracterização do trabalho em condição análoga à de escravo diante do excesso de jornada dos tripulantes brasileiros em cruzeiros estrangeiros

Abstract

In order to understand the peculiarities that involve the maritime work of Brazilian crew members, an examination was made of the legal norm applicable to these labor contracts and an analysis of the guidelines regarding working hours present in both the Maritime Labor Convention (2006) and in the Consolidation of Labor Laws (CLT), as well as books, monographs, scientific articles and electronic sites on maritime labor, labor law and work in conditions analogous to those of slaves. Finally, it was found that the tiring work days to which the Brazilian crew members were subjected until the end of their contracts violated their rights very seriously, leading them to exhaustion and preventing their access to the right to rest, leisure, physical health and emotional health. Thus, these workers were left in a position of vulnerability in the labor legal relationship and it became possible to characterize, finally, the work in a condition analogous to slaves, a situation clearly unacceptable.