A “mãe preta” e o mito do afeto colonial: o papel do afeto no processo de efetivação dos direitos das empregadas domésticas no Brasil

Abstract

Domestic workers occupied a central position during the slave and post -slavery periods, historically subjected to different forms of exploitation and oppression. In this context, the central question of this research is: what is the role of affection in the process of realizing the rights of domestic workers? It seeks to investigate how discourses of affection, gratitude, and family belonging, constructed by employers, are used as mechanisms for naturalizing informality and concealing precarious labor relations. To this end, a qualitative approach was adopted, with descriptive and explanatory objectives. Regarding technical procedures, this is a bibliographic and documentary research, developed from the analysis of books, scientific articles, legislation, jurisprudence, and other documents relevant to the investigated topic. With the legislative advances aimed at this category, new conflicts have arisen before the Regional Labor Courts, making it necessary to consolidate understandings regarding disputes involving domestic employees and employers. The results demonstrate that the affective bonds established between employers and domestic workers can, in certain situations, contribute to the relativization of labor rights and the maintenance of relationships marked by informality. It was found that expressions such as "almost family," "adopted daughter," and "adopted sister" are frequently used to obscure the employment nature of the relationship, hindering the recognition of legally guaranteed rights. It is concluded that the recognition of the employment relationship should not be conditional on the existence of affective bonds, but on compliance with the legal requirements that characterize the employment relationship. Furthermore, the data analyzed show that a significant portion of domestic workers remain in informality, a situation that increases their social vulnerability and hinders access to fundamental rights