were provided by the gato.129 The deponents added that the workers were threatened with
death if they reported the gato or the owner of the hacienda, or if they tried to escape, and
that the usual practice was to hide the workers when the Ministry of Labor conducted
inspections.130
144. Based on this report, the Ministry of Labor’s Mobile Group made further inspection
visits to Hacienda Brasil Verde on April 23, 28 and 29, 1997.131 The report on the Ministry of
Labor’s inspection visit concluded that: (i) the workers were housed in sheds covered with
plastic and straw in which there was a “total lack of hygiene”; (ii) several workers had skin
diseases and were not receiving medical care, and the water they drank was not fit for human
consumption; (iii) all the workers had endured threats, including with firearms, and (iv) the
workers stated that they were unable to leave the hacienda. 132 In addition, the practice of
hiding the workers when inspections were conducted was verified.133 At the time of the
inspection, 81 workers were found, and “approximately 45” work permits (CTPs) were issued
to them.134
The criminal proceedings against Raimundo Alves de Rocha, Antônio Alves Vieira and
João Luiz Quagliato Neto
145. As a result of the Ministry of Labor’s report (supra para. 144), on June 30, 1997, the
Federal Public Prosecution Service filed a complaint against: (a) Raimundo Alves de Rocha,
gato or employer of rural workers, for the offenses established in articles 149 (slave labor),
197.1 (violation of freedom of work) and 207 (worker trafficking) of the Penal Code; (b)
Antônio Alves Vieira, manager of Hacienda Brasil Verde, for the offenses established in
articles 149 and 197.1 of the Penal Code, and (c) João Luiz Quagliato Neto, owner of Hacienda
Brasil Verde, for the offense established in article 203 (violation of labor rights) of the Penal
Code.135 In the complaint, the Public Prosecution Service considered that:
Hacienda Brasil Verde is accustomed to hiring temporary rural workers, “laborers,” to clear the
juquira [or dense vegetation], such as the 32 (thirty-two) workers who were recruited […] in the
municipality of Xinguara by […] an employer, in this case, the accused, Raimundo Alves da Rocha,
between March 24 and April 14 this year […] to work in another place for a wage. Part of this wage
is provided before arriving at the place of work […].
On arrival at the hacienda, the workers are lodged in huts covered by plastic and straw, without
lateral protection. […] The water they drink […] is not fit for human consumption, because it comes
from the bathroom and the drinking trough for the hacienda’s animals. […] Food, such as meat,
is exposed to insects outdoors; it is distributed by [one of the] accused […] by the barracão or
”truck system” and by the […] hacienda’s middleman through the manager […] Antônio Alves
Vieira.
Several workers […] stated that they were prohibited from leaving the hacienda under threat of
death while they had debts […] due to purchasing food at exorbitant prices […] and because they
Statement by José da Costa Oliveira and José Ferreira dos Santos of March 10, 1997 (evidence file, folios 845
and 846).
129
130
Statement by José da Costa Oliveira and José Ferreira dos Santos of March 10, 1997 (evidence file, folio 846).
Report of the visit to Hacienda Brasil Verde, Labor Mobile Group, April 23, 28 and 29, 1997 (evidence file, folios
4629 to 4638).
131
Report of the visits to Hacienda Brasil Verde, Labor Mobile Group, April 23, 28 and 29, 1997 (evidence file, folios
4629 and 4630).
132
Report of the visits to Hacienda Brasil Verde, Labor Mobile Group, April 23, 28 and 29, 1997 (evidence file, folio
4637).
133
Report of the visits to Hacienda Brasil Verde, Labor Mobile Group, April 23, 28 and 29, 1997 (evidence file, folio
4637).
134
Complaint of the Federal Public Prosecution Service of June 30, 1997 (evidence file, folios 4623 and 4625 to
4628).
135
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