As divisões sociais do trabalho e a sub-humanidade moderna_uma análise do direito como instrumento abissal de perpetuação das sujeições laborais

Abstract

The pretensions of this research consist of (1) analyzing the origin and permanence of labor subjections of certain groups perpetuated by social divisions of work and (2) understanding the role of law as a mechanism for legitimizing and perpetuating said subjugations. In this research, the deductive method and the bibliographical and documentary review methodology are used. To meet the objectives, the perspective of abyssal thought, proposed by Boaventura de Sousa Santos, will be used as a theoretical framework, seeking to understand the presence of social dichotomies and subjections arising from colonialism in the structural formation of modern thought. Next, it discusses its provisions on current labor subjugations, perpetuated by the racial and sexual division of labor, which is evident in the precariousness of jobs for blacks and women, especially black women. Finally, it analyzes how the law figures as a legitimizer and maintainer of the referred subjugations. It is concluded that the law, notably labor law, figures as a mechanism for effecting social control and guaranteeing dominant interests, which is why it not only uses its apparatus to legitimize such subjections, but also to maintain them at minimally tolerable levels.