In November 2004, a Mobile Inspection Unit visited the Fazenda Boa-Fe Caru and found 19 workers, including a 16 year-old boy, in slave-like conditions. Most of the workers were illiterate. Labour inspectors testified that the conditions they observed in that fazenda were among the worst they had ever seen. Workers had no access to drinking water, no sanitation, inadequate accommodation, no safety equipment and no first aid kit. They were living in shelters of canvas or straw, without walls or floor, which did not protect them efficiently from the rain. Their work papers were not signed and, at the time of the inspection, some workers had not received any salary for 5 months. They were working from dawn till dusk, without the right to rest on Sundays. If they did not work, their hours would be deducted at double the daily rate.
Workers incurred an initial debt towards the employer when recruited. The debt was then artificially maintained, because they had to pay for their transport to the farm and, subsequently, buy everything (garments, food, medicines and even working tools) in the estate shop, at prices far above those of the market.
Workers were prohibited from leaving the farm, and were regularly threatened to discourage them from attempting to do so. Escape was made all the more difficult by the extremely isolated position of the farm, which was about 220 kilometres from the nearest city. This distance constituted an unquestionable obstacle to the freedom of movement of the workers, who were entirely subject to the will of the defendant. Combined with the fear factor, the distance involved cancelled in practice any possibility of escape. Nor could they ask for help, because they did not have the right to send or receive letters.
[Note: This is a direct extract from ‘International Labour Office, Fighting Forced Labour: The Example of Brazil (2009), 24-25’]
Brazil1st Instance:
Court: Penal Court of Maranhão State
Location:
Date of decision: 23 April 2008
Reference: Federal Public Ministry v. Gilberto Andrade, Judgment
N°2000.37.00.002913-2, Penal Court of Maranhão State, 23 April 2008
The Court found the estate owner, Gilberto Andrade, guilty of fraudulent recruitment through false promises of paid work, subjection to degrading living and working conditions, and restriction of freedom of movement. He was thus convicted of violating sections 149 (slave labour), 211 (hiding cadavers) and 207 (fraudulent recruitment) of the Penal Code, and sentenced to 14 years in prison.
The Court insisted that he committed the crimes freely, consciously and deliberately, submitting workers to humiliating conditions purely in order to make financial profits by the exploitation of free manpower. Aggravating circumstances were found in the behaviour of the defendant, who kept the workers in a climate of fear and violence, conspicuously wearing a gun to intimidate them. He fostered his reputation for being a violent man, accustomed to beating workers. As a consequence, workers were afraid to escape. The workers freed by the labour inspectors were even scared to remain in the same city because they feared retaliation.
The Court stated that he was technically a primary offender but nevertheless would not be freed pending appeal because of the number of other cases pending against him for similar instances of forced labour. He was also ordered to pay days of penalty, or dia multa, a remedy commonly applied in forced labour cases. First, the Court decides how many days the defendant should be condemned, depending on the seriousness of the case. The value of the day is then determined according to the wealth of the defendant. In the absence of proof of wealth of the defendant, the value of the day can be set at between one and 30 times the minimum wage. In this case, the Court took into account that he owned 7 farms, 2 apartments and one house in deciding that the value of the day should be 5 times the minimum wage. He was therefore sentenced to pay 7,200 minimum wages. [Direct extract from ‘International Labour Organization, Forced Labour and Human Trafficking: Casebook of Court Decisions (2009), 72-73.]
Section 149 of the Penal Code
Section 211 of the Penal Code
Section 207 of the Penal Code
Penal Court of the State of Maranhão
International Labour Office, Fighting Forced Labour: The Example of Brazil (2009), 24-25.
Forced Labour and Human Trafficking: Casebook of Court Decisions (2009), 72-73.
This case was reported as being the first case of forced labour where a prison sentence was handed down.