Also, on July 31, 2003, it established the National Commission for the Eradication of Slave
Labor (CONATRAE), which substituted the Interministerial Group for the Eradication of Forced
Labor set up in 1995. The Commission incorporated a greater number of institutions of the
Brazilian State and members of civil society in order to develop public policies to combat
slave labor.
120.
In December 2007, in Special Appeal No. 398041, the Brazilian Supreme Federal
Court established a definitive opinion that the federal jurisdiction was the competent instance
of the Judiciary to try crimes relating to conditions analogous to slavery established in article
149 of the Brazilian Penal Code.
121.
In 2008, the Second National Plan for the Eradication of Slavery was implemented. 91
In 2009, Law No. 12064/2009 was enacted creating the National Day of the Combat against
Slave Labor. On June 22, 2010, the Central Bank of Brazil issued resolution No. 3876
prohibiting the granting of rural credits to physical and legal persons registered on the
Offending Employers List (the “dirty list”) that kept workers in conditions analogous to
slavery.92 On June 5, 2014, constitutional amendment No. 81 was published, and its article
243 determined that urban and rural properties in any region of the country where slave
labor, among other problems, was found would be expropriated.93
122. In addition, the Brazilian State has established courses, coordinated by CONATRAE,
to raise awareness of the issue among labor judges and federal judges and to provide them
with the required training.94
A.4. Applicable domestic laws
123. In 1943, the Consolidated Labor Laws were enacted95 and, in 1973, the Rural Worker’s
Statute.96 These laws did not include an express prohibition of slave labor, but established
labor offenses that corresponded to conducts that constituted slave labor.
124. Article 7 of the 1988 Brazilian Constitution sets out the rights of urban and rural
workers.97 Article 149 of the 1940 Brazilian Penal Code defined, for the first time, in general
terms, the conduct of reducing a person to conditions similar to slavery as follows:
“To reduce someone to conditions analogous to those of a slave: 2 to 8 years’ imprisonment.”98
125. Also, article 197 of the Brazilian Penal Code established the offense of “violation of
freedom of work”99; and article 207 defined the offense of “unlawful recruitment of workers
(evidence file, folio 7409). Testimony provided by affidavit by Jonas Ratier Moreno on January 29, 2016 (evidence
file, folio 13328).
Second National Plan for the Eradication of Slavery (evidence file, folio 7189). Ministry of Labor and Employment
of Brazil. Slave labor in Brazil in retrospective: research references. January 2012 (evidence file, folio 9961).
Testimony provided by affidavit by Jonas Ratier Moreno on January 29, 2016 (evidence file, folio 13329).
91
92
Testimony provided by affidavit by Michael Freitas Mohallem on February 4, 2016 (evidence file, folio 14089).
93
Testimony provided by affidavit by Jonas Ratier Moreno on January 29, 2016 (evidence file, folio 13329).
International Labour Organization (ILO). Fighting forced labour: the example of Brazil. Brasilia, 2010, p. 100
(evidence file, folio 446).
94
95
Decree Law No. 5,452 of May 1, 1943 (evidence file, folio 6188).
96
Law No. 5,889 of June 8, 1973 (evidence file, folio 6316).
97
Article 7 of the 1988 Constitution of the Federative Republic of Brazil.
98
Article 149 of the 1940 Brazilian Penal Code.
Article 197 of the 1940 Brazilian Penal Code: To force someone by violence or serious threat: I. to execute or not
to execute a job, profession or trade, or to work or not to work during a certain period or on certain days: Penalty
– one month to one year’s imprisonment and a fine, in addition to the penalty corresponding to violence; II. to open
99
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