Expert Guide on Human Rights and Forced Labour in Brazil

Human rights are established mainly in the Federal Constitution (articles 5 and 243), the Penal Code (article 149) and the Consolidation of Labour Laws (which regulates working conditions in general, including working hours and basic workers' rights).

No. Although forced labour is most often found in the domestic labour, coffee growing, cattle breeding, charcoal production and construction sectors, there are no specific rules on the subject in the regulations governing these services.

No. There is an Ordinance (Interministerial Ordinance MTE/MdHC/Mir No. 18, 13/09/2024) that obliges continued monitoring of respect for human and labour rights (including by the issuing of annual reports) by companies that have committed, judicially or administratively, to regularise their conduct, but this obligation to monitor and issue reports is limited to companies registered in the Register of Employers in Conduct Adjustment.

Not at the moment. There is an Ordinance (Interministerial Ordinance MTE/MdHC/Mir No. 18, 13/09/2024) that obliges continued monitoring of respect for human and labour rights (including by the issuing of annual reports) by companies that have committed, judicially or administratively, to regularise their conduct, but this obligation to monitor and issue reports is limited to companies registered in the Register of Employers in Conduct Adjustment.

Yes. There may be 

1. an infraction notice after an inspection by the Ministry of Labour concluding that the working conditions are analogous to slavery; 
2. an investigation by the Labour Prosecutor's Office along the same lines, in which case a conduct adjustment agreement may be proposed relating to obligations to do or not to do, with a fine for non-compliance (not defined by law); 
3. the filing of a public civil action, with the same purpose as item above, but which takes place judicially rather than administratively, as well as compensation for collective moral damage; 
4. the filling of a lawsuit by the injured employee, claiming compensation for moral damages;  and
5. a prison sentence of 2 to 8 years.

Violations may result in several consequences, including:

1. an administrative notice issued following a Ministry of Labour inspection that identifies conditions equivalent to forced labor; 
2. proceedings initiated by the Labour Prosecutor’s Office, which may lead to a conduct adjustment agreement setting obligations and applying fines in case of non-compliance; 
3. a public civil action filed in court, aimed at similar remedies as administrative actions, and potentially resulting in compensation for collective moral damages; 
4. individual lawsuits filed by affected workers seeking compensation for moral damages; and 
5. criminal penalties, including imprisonment ranging from 2 to 8 years.

Yes. Criminally, they can be held responsible if their direct participation or negligence in supervising illegal practices is proven, with the possibility of imprisonment for 2 to 8 years and a fine. In the civil sphere, they can face legal actions resulting in fines and compensation for collective moral damage, as well as lawsuits filed by affected workers. Administratively, they can be fined or have their companies included on the ‘Dirty List,’ which can limit their access to public contracts and funding.

At this point, it is important to highlight that criminal liability for offences of this nature is exclusively subjective. This implies an increased level of risk, and consequently, corresponding duties of oversight and control in the activities of directors and executives. Criminal liability may arise not only from actions but also from omissions, and it is precisely in cases of omission that the risk is heightened and such duties are assessed for the purposes of punishment. 

There is a bill in development since 2022 on the subject: PL 572/2022 is one of the most concrete initiatives in Brazil today regarding human rights and corporate due diligence, and seeks to establish guidelines for companies to identify, prevent, mitigate and repair human rights and environmental violations in their value chains. The project follows international trends, such as mandatory due diligence laws in the EU and other countries, and establishes specific responsibilities for companies operating in Brazil. If approved, it will be an important regulatory milestone to strengthen the fight against forced labour, modern slavery and environmental violations.