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). 31

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