Abstract

CARVALHO, José Lúcas Santos  and  DAVILA, Flávia de. Symbolic Constitutionalisation and the Bare Life of The Slave Laborer in Brazil. Rev. latinoam. derecho soc [online]. 2022, n.35, pp.425-448.  Epub Feb 07, 2023. ISSN 2448-7899.  https://doi.org/10.22201/iij.24487899e.2022.35.17284.

The Brazilian constitutional amendment 81/2014 predicted the expropriation of goods derived from the exploitation of slave labor. Nevertheless, such alteration is understood as a norm of contained efficacy that depends on infraconstitutional regulation. Therefore, there was a transfer of the solution to another moment to characterize a symbolic constitutionalisation as a formula of dilatory commitment. At the same time, the Brazilian parliament seeks to reduce the scope of the concept of slavery and Brazil is urged internationally to improve its mechanisms to combat slavery. This article, using the theoretical contribution of the philosopher Giorgio Agamben, argues that a symbolic constitutionalisation is a tool of sovereign power, in the exercise of its tactics of control and maintenance of power over a life, to maintain the structure of Brazilian society based on a biopolitical control of exclusion-inclusion of the living subject, in this case, the slave laborer thus consolidating bare life in contemporary society.

Keywords : symbolic constitutionalisation; slave labor; bare life.

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