Case Law Database

Trafficking in persons

Offences

• Trafficking in persons (adults)

Acts Involved

• Recruitment/Hiring
• Harbouring

Form of trafficking

• Internal trafficking

Means Used

• Threat of the use of force or of other forms of coercion
• Deception
• Use of force or of other forms of coercion
• Abuse of power or a position of vulnerability

Exploitative Purposes

• Forced labour or services
• Slavery or practices similar to slavery

Sector in which exploitation takes place

• Agriculture

Keywords

• Exploitation
• Forced labour or services
• Internal trafficking

Trafficking in firearms

Item Types

• firearms

Trabalhadores da Fazenda Brasil Verde vs Brasil

Fact Summary

The facts of the case relate to Fazenda Brasil Verde, a farm located in the state of Pará. 

In 2000, agricultural workers were recruited in the municipality of Barras, Piauí, to work at Fazenda Brasil Verde, and were offered a good salary and even an advance. In addition, they were offered transport, food and accommodation during their stay on the farm. To get to the farm, the workers had to travel for several days by bus, train and lorry. Regarding the train, they described that shared the space with animals. In addition, they had to stay one night in a hotel, and they immediately fell into debt. When they arrived at the farm, the workers realised that nothing they had been offered was true. They were forced to give up their labour cards (CTPS) and sign blank documents.

On the farm, workers slept in wooden sheds without electricity, beds or cupboards. The roof was made of tarpaulin, which caused them to get wet in case of rain. Dozens of workers slept in hammocks in the sheds. The toilet and shower were in very poor condition, outside the shed, in the middle of the vegetation, and had no walls or roof.
In addition, as a result of the dirty toilets, some labourers preferred to do their personal business in the vegetation and bathe in a dam, or not to bathe at all.

Food was insufficient, repetitive, of poor quality and deducted from their wages. The daily work routine was 12 hours or more, with a half-hour lunch break and only one day off per week. As a result of these conditions, some workers fell ill regularly, but did not receive medical attention. In addition, in order to receive their wages, they had to reach a production target that was difficult to achieve, which is why they did not receive any payment for their services. The work was carried out under orders, threats and armed surveillance. This made the workers desire to flee, but the lack of wages, the isolated location of the farm, with the presence of wild animals, prevented them.

In March 2000, after being physically and verbally abused, two young men managed to escape and walked for days until they reached the Federal Police in Marabá. There the official did not offer them help because of the carnival holiday. A few days later they were heard by the Pastoral Land Commission (CPT) of Marabá. The police officer then contacted the Ministry of Labour, which organised an inspection of the farm, together with the Federal Police.

During the inspection, the workers were interviewed and expressed their "unanimous decision to leave". The inspectors from the Ministry of Labour forced a foreman of the farm to pay the compensation amounts to terminate the labour contracts and to return the labour cards to the workers. The inspection report said that there were 82 people in slavery.

Following this inspection, a Public Civil Action was brought before the Labour Judge against the owner of the farm, highlighting that:

i) Fazenda Brasil Verde kept workers in a system of private imprisonment;

ii) thesituation of slavery was characterised;

iii) the situation was aggravated by the fact that it involved the submission of illiterate and
rural workers.

In July 2000, a hearing was held, during which the accused promised to no longer employ workers in slavery and to improve housing conditions under penalty of a fine. In August of the same year, the proceedings were dismissed.

On 20 October 2016, the Inter-American Court of Human Rights delivered a Judgment in this case, through which it declared the Brazilian State internationally responsible for the violation of: i) the right not to be subjected to slavery and trafficking in persons, established in Article 6.1 of the American Convention on Human Rights;
(ii) the judicial guarantees of due diligence and reasonable time, provided for in Article 8 of the American Convention.

This situation was attributable to the State, since it has been aware of the existence of these practices in general and specifically in Fazenda Brasil Verde since 1989 after numerous complaints and, despite this knowledge, has not adopted reasonable preventive and response measures, nor has it provided the alleged victims with an effective judicial mechanism for the protection of their rights, the punishment of those responsible and the obtaining of reparation.
The Court ordered the State to adopt various measures of reparation.

Commentary and Significant Features

Firearms can be used by traffickers engaged in the trafficking in persons to enforce their will and make the trafficking victims submissive. 

Sentence Date:
2016-10-20

Cross-Cutting Issues

Victims

Victims of crime

Details

• Victims of crime

Rights

• Access to Justice

Procedural Information

Legal System:
Mixed System
Latest Court Ruling:
International Court / Treaty Body
Type of Proceeding:
International
 
Proceeding #1:
  • Stage:
    Other
  • Official Case Reference:
    Inter-American Court of Human Rights
  • Decision Date:
    Thu Oct 20 00:00:00 CEST 2016

    Court

    Court Title

    Inter-American Court of Human Rights
     
    • International

    Description

    On 20 October 2016, the Inter-American Court of Human Rights delivered a Judgment in this case, through which it declared the Brazilian State internationally responsible for the violation of: i) the right not to be subjected to slavery and trafficking in persons, established in Article 6.1 of the American Convention on Human Rights;
    (ii) the judicial guarantees of due diligence and reasonable time, provided for in Article 8 of the American Convention.

    This situation was attributable to the State, since it has been aware of the existence of these practices in general and specifically in Fazenda Brasil Verde since 1989 after numerous complaints and, despite this knowledge, has not adopted reasonable preventive and response measures, nor has it provided the alleged victims with an effective judicial mechanism for the protection of their rights, the punishment of those responsible and the obtaining of reparation.
    The Court ordered the State to adopt various measures of reparation.

     

    Outcome

  • Verdict:
    Other
  • Court

    Inter-American Court of Human Rights