THE RIGHT TO FREEDOM IN THE BRAZILIAN LEGAL SYSTEM BASED ON THE CONCEPTION OF LABOR EXPLOITATION IN THE 19TH CENTURY

Abstract

Objective: This article introduces the concept of freedom in the Brazilian legal system and examines its operative value in the 19th century, focusing on the exploitation of labor during the slavery era. It seeks to understand how the social, political, and economic relations of the Empire shaped the right to freedom and analyzes the legal strategies of jurist Luiz Gama in manumission cases.

Methodology: The study employs a historical-legal and documentary approach with qualitative and descriptive methods, drawing on contemporary doctrines, historical works, and legislation of the time, such as the Law of November 7, 1831.

Results: Findings reveal that the realization of freedom rights was constrained by the slaveholding structure and by the “constitutionalism of enmity,” which marginalized Black populations and commodified labor power.

Conclusions: The legal conquest of freedom emerged through resistance, literacy, and the legal activism of figures like Luiz Gama, whose work exposed the contradictions between liberty and the Brazilian slave system.