338. The Court finds that the State incurs international responsibility when, faced with the
existence of structural discrimination, it fails to adopt specific measures with regard to the
particular situation of victimization that reveals the vulnerability of a universe of
individualized persons. It is the victimization of such persons that exposes their particular
vulnerability, and this calls for specific protective actions that were omitted in the case of the
individuals recruited to work in Hacienda Brasil Verde.
339. In this case, the Court notes some characteristics of specific victimization shared by
the 85 workers rescued on March 15, 2000: they were poor; they came from the poorest
regions of the country, with the lowest human development and possibilities of work and
employment, and they were illiterate with little or no schooling (supra para. 41). This placed
them in a situation that made them more susceptible to recruitment by means of false
promises and deception. This situation of imminent risk for a specific group of people with
identical characteristics, from the same regions of the country, had historical roots and had
been known since, at least, 1995 when the Brazilian Government expressly acknowledged
the existence of “slave labor” in the country (supra para. 111).
340. The evidence provided to the case file reveals the existence of a situation that
characterized discriminatory treatment based on the economic status of the victims rescued
on March 15, 2000. According to several reports of the ILO and of the Brazilian Ministry of
Labor, “it is the worker’s miserable situation that leads him, spontaneously, to accept the
working conditions that are offered,”475 and “the worse the living conditions, the more willing
workers are to take the risks inherent in accepting work far from home. […] Poverty,
therefore, is the main factor behind modern-day slavery in Brazil, since it increases the
vulnerability of a significant portion of the population, making them easy prey for enticers of
slave labor.”476
341. Having verified this situation, the Court finds that the State failed to take into account
the vulnerability of the 85 workers rescued on March 15, 2000, owing to discrimination based
on their economic status. This constitutes a violation of Article 6(1) of the American
Convention, in relation to Article 1(1) of this instrument, to their detriment.
B.13. Conclusion
342. Based on all the foregoing, Brazil has not proved that it had taken, with regard to this
case and at the time of the facts, the specific measures – in accordance with the
circumstances of which it was aware of workers in a situation of slavery and of specific
complaints against Hacienda Brasil Verde – to prevent the occurrence of the violation of
Article 6(1) verified in this case. The State failed to act promptly in the initial hours and days
following the report of slavery and violence filed by Gonçalo Luiz Furtado and Antônio
Francisco da Silva, at great personal sacrifice and risk, losing valuable hours and days. Over
conditions of extreme poverty, at-risk children and adolescents, and indigenous peoples, face an increased risk of
suffering from mental disabilities […]. The connection that exists between disability, on the one hand, and poverty
and social exclusion, on the other, is direct and significant. Consequently, among the positive measures that the
State should take are those required to prevent all preventable forms of disability and provide those who suffer from
mental disabilities with the appropriate preferential treatment.” Case of Ximenes Lopes v. Brazil. Judgment of July
4, 2006. Series C No. 149, para. 104. In the case of Xákmok Kásek the Court considered that “extreme poverty and
lack of adequate medical care for pregnant and post-partum women are the causes of high maternal mortality and
morbidity.” Case of the Xákmok Kásek Indigenous Community v. Paraguay. Merits, reparations and costs. Judgment
of August 24, 2010. Series C No. 214, para. 233.
Ministry of Labor and Employment. Manual to combat work in conditions similar to those of slavery. November
2011, p. 13 (evidence file, folio 6714).
475
476
ILO – Brazil. Fighting forced labour: the example of Brazil, 2010, p. 34 (evidence file, folio 8529).
87