from one part of national territory to another.”100 At the time of the facts of this case, these
were the applicable laws.
126. In 1994, the first Administrative Instruction was enacted establishing the appropriate
procedure for conducting inspections of work in rural contexts and providing guidelines on
the procedure to be adopted in cases of forced labor and other situations that jeopardized
the life or health of workers.101 The norm was amended in 2006 and 2009.102
127. Law No. 10,803 of 2003 amended article 149 of the Brazilian Penal Code, and defined
as an offense any conduct that reduced a person to conditions analogous to slavery as
follows:
Art. 149. To reduce someone to a condition analogous to that of a slave, or to subject that person
to forced labor or to arduous working days, or to subject them to degrading working conditions,
or to restrict, in any manner whatsoever, their mobility by reason of a debt contracted in respect
of the employer or a representative of that employer.
Penalty – two to eight years’ imprisonment and a fine, in addition to the penalty corresponding to
violence.
1. The same penalty is applicable to those who:
I. prevent employees from using any means of transportation in order to retain them at the place
of work.
II. maintain constant surveillance in the place of work, or appropriate workers’ personal papers or
property in order to retain them at the place of work.
2. The penalty shall be increased by half if the offense is committed:
I. against a child or adolescent;
II. based on race, color, ethnicity, religion or origin.
A.5. Background information
Hacienda Brasil Verde
128. Hacienda Brasil Verde is located in the municipality of Sapucaia, in the south of the
state of Pará, Federative Republic of Brazil.103 The total area of the hacienda is 1,780
alqueires (8,544 hectares), and it is dedicated to cattle ranching.104 At the time of the facts,
the owner of Hacienda Brasil Verde was João Luis Quagliato Neto.105
The reports filed in December 1988 and January 1989
or close their place of work or to take part in a stoppage of the economic activity: Penalty - three months to one
year’s imprisonment and a fine, in addition to the penalty corresponding to violence.
Article 207 of the Brazilian Penal Code: To attract workers from one part of national territory to another. To
recruit workers, in order to take them from one part of national territory to another: Penalty – one to three years’
imprisonment and a fine. § 1. The same penalty shall be applied to the person who recruits workers to work in
another part of national territory by fraud or by charging the worker any amount, or even by failing to guarantee
the conditions for his return to his place of origin. § 2. The penalty shall be increased by a sixth to a third part if the
victims is under 18 years of age, elderly, a pregnant women, indigenous, or physically or mentally disabled.
100
101
Interministerial Normative Instruction No. 1 of March 24, 1994 (evidence file, folio 6427).
102
Interministerial Normative Instruction No. 65 of July 31, 2006 (evidence file, folio 6432).
103
Communication, Pará Regional Superintendence, Federal Police (evidence file, folio 550).
104
Inspection order (evidence file, folio 548).
105
Mission order 018/89 (evidence file, folio 554).
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