303. The description of the facts in the preceding paragraphs underscores the existence of
a mechanism to recruit workers using fraud and deception. The Court also considers that the
facts of the case indicate the existence of a situation of debt bondage because, from the
moment the workers received the money advanced by the gato, until they received their
paltry salaries with the deductions for food, medicines and other products, they were
contracting a debt that they could never repay. As an aggravating factor to this system known
in some countries as the “truck system,” “peonage or debt slavery” or “system of barracão,”
the workers were subjected to excessive working hours by threats and violence, while living
in degrading conditions. In addition, the workers had no possibility of being able to escape
from this situation owing to: (i) the presence of armed guards; (ii) the restrictions to leaving
the hacienda without paying off their debts; (iii) the physical and psychological coercion by
gatos and security guards, and (iv) the fear of reprisals and of dying in the forest if their tried
to flee. These conditions were magnified by the situation of vulnerability of the workers, who
were mostly illiterate and from a distant region of the country, who had no knowledge of the
area surrounding Hacienda Brasil Verde and who were subjected to inhumane living
conditions.
304. In view of the foregoing, the Court finds it evident that the workers rescued from
Hacienda Brasil Verde were in a situation of debt bondage and subject to forced labor.
Nevertheless, the Court considers that the specific characteristics of the situation to which
the 85 workers rescued on March 15, 2000, were subjected exceeds the limits of debt
bondage and forced labor, and meets the strictest criteria of the definition of slavery
established by the Court (supra para. 272); in particular, the exercise of the powers attaching
to the right of ownership. In this regard, the Court notes that: (i) the workers were subject
to the control of the gatos, foremen, and armed guards of the hacienda and ultimately, of its
owner; (ii) in a way that restricted their personal liberty and autonomy; (iii) without their
free consent; (iv) by means of threats, and physical and psychological violence, (v) in order
to exploit their forced labor in inhumane conditions. Furthermore, the circumstances of the
escape undertaken by Antônio Francisco da Silva and Gonçalo Luiz Furtado and the risks they
faced until they were able to report what had happened to the Federal Police reveal: (vi) the
vulnerability of the workers, and (vii) the environment of coercion that existed in the
hacienda, which (viii) did not allow the workers to change their situation and recover their
liberty. Based on all the foregoing, the Court concludes that the situation verified in Hacienda
Brasil Verde in March 2000 constituted a situation of slavery.
305. Furthermore, taking into consideration the context of this case as regards the capture
and recruitment of workers from the poorest regions of the country in particular, using fraud,
deception and false promises, to bring them to haciendas in the states of Maranhão, Mato
Grosso, Pará and Tocantins (supra para. 112), as well as the expert opinion of Federal
Prosecutor Raquel Elias Dodge during the public hearing in this case, in which she provided
details of the contemporary trafficking in persons in Brazil in order to exploit their labor, the
“interview notes” of the workers rescued as a result of the March 2000 inspection, the reports
of Antônio Francisco da Silva and Gonçalo Luiz Furtado that originated the said inspection,
and the testimony of Marcos Antônio Lima, Francisco Fabiano Leandro, Rogerio Felix Silva,
and Francisco das Chagas Bastos Sousa, during the on-site procedure in this case, the Court
finds it proved that the workers rescued in March 2000 had been victims of trafficking.
306. In the instant case, the representatives argued that, in addition, the context and the
situation in Hacienda Brasil Verde in March 2000 constituted violations of the rights to
juridical personality, personal integrity, personal liberty, honor and dignity, and to freedom
of movement and residence. In this regard, the Court notes that these arguments refer to
the facts that have already been analyzed under Article 6 of the Convention. Accordingly, the
Court considers that, due to the nature of slavery as a crime that violates multiple norms,
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