when a person is subjected to this condition, various individual rights are violated to a greater
or lesser extent depending on the specific factual circumstances of each case. Nevertheless,
owing to the specific and complex definition of the concept of slavery, when verifying a
situation of slavery, such rights are subsumed in the Convention under Article 6. Thus, the
Court considers that the analysis of the violation of Article 6 of the Convention has already
taken into account the elements alleged by the representatives as violations of other rights
because, when examining the facts of the case, the Court verified that the violation of
personal integrity and liberty (use of force and threats of violence, physical and psychological
coercion of the workers, restriction of freedom of movement), the demeaning treatment
(degrading housing, food, and work conditions), and the limitation of freedom of movement
(restrictions of movement based on the debts, and forced labor), were elements that
constituted slavery in this case. Consequently, the Court finds it unnecessary to make an
individual ruling on the other rights alleged by the representatives.445 Nevertheless, these
rights will be taken into account when determining the State’s responsibility in this case and, as
appropriate, when ordering reparations.
B.8. Brazil’s criminal laws
307. The Court finds it opportune to include some considerations on the State of Brazil’s
argument that the situation identified in Hacienda Brasil Verde would only represent
violations of labor laws under the laws of Brazil, and that it could possibly have been
characterized as an offense under article 149 of the Penal Code, but, in no circumstances,
could it be characterized as slavery, servitude or forced labor under the relevant provisions
of international human rights law.
308. The Court has examined the facts of this case in light of the evolution of the relevant
international human rights law and has concluded that the situation of the workers rescued
in March 2000 constituted a condition similar to slavery, prohibited by Article 6(1) of the
American Convention (supra para. 241). The State’s argument suggests that the definition
of the offense of reducing someone to the condition of a slave in article 149 of the Brazilian
Penal Code was too broad, and supposedly incorporated elements that were not
contemplated in international law. In this regard, the Court finds it pertinent to emphasize
two crucial points.
309. First, it should be clarified that, at the time of the facts of this case, the definition of
the offense was merely: “Art. 149 – To reduce someone to a condition similar to that of a
slave: Penalty – from 2 (two) to 8 (eight) years’ imprisonment.” In other words, this was
not the new definition of the offense established by the 2003 amendment, which included
four conducts that constituted conditions similar to slavery (forced labor, arduous working
days, degrading working conditions, and restriction of movement based on a debt contracted
with the employer).446 Thus, it should be recalled that the definition of the offense in force at
Cf. Case of Fernández Ortega et al. v. Mexico. Preliminary objections, merits, reparations and costs. Judgment
of August 30, 2010. Series C No. 215, paras. 132, 150 and 202, and Case of Canales Huapaya et al. v. Peru.
Preliminary objections, merits, reparations and costs. Judgment of June 24, 2015. Series C No. 296, para. 114.
445
446
Reduction to a condition similar to that of a slave:
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.
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