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Physical coercion of the freedom to come and go or even the restriction of freedom of movement are not necessary as evidence to constitute the crime of slave labor, provided for in article 149 of the Penal Code. All that is needed is for the victim to be subjected to forced labor or exhausting working hours or degrading working conditions, alternative conduct provided for in the criminal category. John Ripper João Ripper Fux highlighted that modern slavery is more subtle than that of the 19th century This is the statement proposed by Minister Luiz Fux, president of the Federal Supreme Court, in an extraordinary appeal whose general repercussion is being decided in a Virtual Plenary at the Court. Eight ministers have already agreed that the RE should have effects on other processes; until this Friday (2/7), only minister Marco Aurélio had voted against. Voting only ends on August 6th. The discussion in the STF is important as the definition of what constitutes slave labor and whether the crime can be included in the Penal Code, instead of being restricted to labor laws, is the center of the discussion held for several years by entities in the area of Human Rights, on the one hand, and by representatives of agribusiness, on the other. This is the sector in which the largest number of reports of incidents of slave labor in the country are concentrated.
The case According to a complaint made in 2005 based on Phone Number List inspection by the Ministry of Labor and Employment at Fazendas São Marcos I, II and III, in the municipality of Abel Figueiredo/PA, 52 workers were enticed to perform rural services in degrading working conditions (art. 149 CP), with the sentence accepting the claim in relation to 43 workers whose terminations are included in the case records. The inspection found workers' accommodation, classified as collective and precarious, lack of drinking water and sanitary facilities, (some) workers sleeping in hammocks outside the accommodation, lack of first aid equipment, etc. "Although each case must be examined in its history and reality, in addition to the social aspects of the problem, according to the circumstances of time (duration), mode (intensity and circumstances) and geographical location, rural work, verbi gratia, always has the typical discomfort of its execution, almost always manual, work in degrading conditions is one in which the violation of the worker's rights proves to be intense and persistent, in the execution of which the worker is subjected to unacceptable economic and personal (moral) constraints, a conclusion that does not is authorized by the evidence produced in the case", writes Fux in his statement.
"The matter raised here has sufficient constitutional density to recognize the existence of general repercussions, and it is up to this Supreme Court to decide what conditions would be necessary for the crime of reduction to a condition analogous to slavery to be configured, in light of constitutional norms referring to the dignity of the human person, the social values of work, as well as the fundamental objectives of building a free, fair and supportive society and reducing social and regional inequalities", states the minister. Without complacency The occurrence of cases of slave labor even today, for Fux, “reveals the existence of numerous and unacceptable cases of violation of human rights, specifically with regard to the group of Brazilian rural and urban workers, generally investigated, on the spot, by labor inspections, which reveals an overwhelming reality of fines with which the Democratic Rule of Law should not show complacency”. Data compiled by the president of the STF show that almost 132 years after the abolition of slavery in Brazil, situations similar to slave labor are still recorded. The Public Ministry of Labor (MPT) alone currently has 1,700 ongoing investigations into this practice and the recruitment and trafficking of workers. According to data from the Radar of the Subsecretariat for Labor Inspection (SIT) of the Special Secretariat for Social Security and Labor of the Ministry of Economy, in 111 of the 267 establishments inspected in 2019, the existence of this practice was characterized, with 1,054 people rescued in situations of this type.
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