Human trafficking in Brazil
Encyclopedia
Human trafficking in Brazil is an ongoing problem. Brazil is a source country for men, women, girls, and boys subjected to human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...

, specifically forced prostitution
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...

 within the country and abroad, as well as a source country for men and boys in forced labor within the country.

Sex trafficking

According to the United Nations Office on Drugs and Crime
United Nations Office on Drugs and Crime
The United Nations Office on Drugs and Crime is a United Nations agency that was established in 1997 as the Office for Drug Control and Crime Prevention by combining the United Nations International Drug Control Program and the Crime Prevention and Criminal Justice Division in the United Nations...

, sex trafficking of Brazilian women occurs in every Brazilian state and the federal district. A large number of Brazilian women and children, many from the state of Goiás
Goiás
Goiás is a state of Brazil, located in the central part of the country. The name Goiás comes from the name of an indigenous community...

, are found in forced prostitution abroad, often in Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...

, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

, Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...

, the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, The Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

, Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....

, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

, and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, but also as far away as Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...

. Brazilian authorities have uncovered evidence that foreign organized criminal networks, particularly from Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...

 and Spain, are involved in sex trafficking of Brazilian women. There is evidence that some Brazilian transsexuals have been subjected to forced prostitution abroad. Brazilian women and children are also subjected to forced prostitution in neighboring countries such as Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...

, Suriname
Suriname
Suriname , officially the Republic of Suriname , is a country in northern South America. It borders French Guiana to the east, Guyana to the west, Brazil to the south, and on the north by the Atlantic Ocean. Suriname was a former colony of the British and of the Dutch, and was previously known as...

, French Guiana
French Guiana
French Guiana is an overseas region of France, consisting of a single overseas department located on the northern Atlantic coast of South America. It has borders with two nations, Brazil to the east and south, and Suriname to the west...

, Venezuela
Venezuela
Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...

, and Paraguay
Paraguay
Paraguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...

. To a lesser extent, women from neighboring countries have been identified in sexual servitude in Brazil.

Slave labor

Under Brazilian law the term "trabalho escravo", or slave labor, can signify forced labor or labor performed during exhausting work days or in degrading working conditions. More than 25,000 Brazilian men are subjected to slave labor within the country, typically on cattle ranches, logging and mining camps, sugar-cane plantations, and large farms producing corn, cotton, soy, and charcoal. Some boys have been identified as slave laborers in cattle ranching, mining, and the production of charcoal. Forced labor victims are commonly lured with promises of good pay by local recruiters – known as "gatos" – in rural northeastern states to interior locations where many victims are subjected to debt
Debt
A debt is an obligation owed by one party to a second party, the creditor; usually this refers to assets granted by the creditor to the debtor, but the term can also be used metaphorically to cover moral obligations and other interactions not based on economic value.A debt is created when a...

 bondage.

Most internally trafficked forced laborers originated from the states of Maranhão
Maranhão
Maranhão is a northeastern state of Brazil. To the north lies the Atlantic Ocean. Maranhão is neighbored by the states of Piauí, Tocantins and Pará. The people of Maranhão have a distinctive accent...

 and Piauí
Piauí
Piauí is one of the states of Brazil, located in the northeastern part of the country.Piauí has the shortest coastline of any of the non-landlocked Brazilian states at 66 km , and the capital, Teresina, is the only state capital in the north east to be located inland...

, while Pará
Pará
Pará is a state in the north of Brazil. It borders the Brazilian states of Amapá, Maranhão, Tocantins, Mato Grosso, Amazonas and Roraima. To the northwest it also borders Guyana and Suriname, and to the northeast it borders the Atlantic Ocean. The capital is Belém.Pará is the most populous state...

 and Mato Grosso
Mato Grosso
Mato Grosso is one of the states of Brazil, the third largest in area, located in the western part of the country.Neighboring states are Rondônia, Amazonas, Pará, Tocantins, Goiás and Mato Grosso do Sul. It also borders Bolivia to the southwest...

 states received the higher number of internally trafficked slave laborers. Labor trafficking victims are also found in the Cerrado
Cerrado
The Cerrado, is a vast tropical savanna ecoregion of Brazil, particularly in the states of Gioas and Minas Gerais...

, the Atlantic Forest, and the Pantanal
Pantanal
The Pantanal is a tropical wetland and one of the world's largest wetland of any kind. Most of it lies within the Brazilian state of Mato Grosso do Sul, but it extends into Mato Grosso and portions of Bolivia and Paraguay, sprawling over an area estimated at between and...

. Children in involuntary domestic servitude, particularly involving teenage girls, also constitute a problem in the country.

Brazil as a destination

To a lesser extent, Brazil is a destination for the trafficking of men, women, and children from Bolivia
Bolivia
Bolivia officially known as Plurinational State of Bolivia , is a landlocked country in central South America. It is the poorest country in South America...

, Paraguay
Paraguay
Paraguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...

, and China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...

 for forced labor in garment factories and textile sweatshops in metropolitan centers such as São Paulo
São Paulo
São Paulo is the largest city in Brazil, the largest city in the southern hemisphere and South America, and the world's seventh largest city by population. The metropolis is anchor to the São Paulo metropolitan area, ranked as the second-most populous metropolitan area in the Americas and among...

. Child sex tourism remains a serious problem, particularly in resort and coastal areas in Brazil’s northeast. Child sex tourists typically arrive from Europe and, to a lesser extent, the United States.

Prosecution

The Brazilian government maintained law enforcement efforts to confront human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...

 crimes during the past year. Brazilian laws prohibit most forms of trafficking in persons. Law 12.015, which entered into effect in August 2009, amended Sections 231 and 231-A of the Brazilian penal code to strengthen penalties against potential sex trafficking offenders. Sections 231 and 231-A prohibit promoting or facilitating movement to, from, or within the country for the purposes of prostitution or other forms of sexual exploitation, prescribing penalties of three to eight years’ imprisonment. Sentences may be increased up to 12 years when violence, threats, or fraud are used, or if the victim is a child. The above penalties are sufficiently stringent and commensurate with those prescribed for other serious crimes, such as rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...

. These statutes encompass activity that does not constitute trafficking, however, such as consensual smuggling or movement for the purpose of prostitution.

Slave labor

Labor trafficking is criminalized pursuant to Section 149 of the penal code, which prohibits "trabalho escravo", or reducing a person to a condition analogous to slavery, including by forcing a person to work or by subjecting a person to exhausting work days or degrading working conditions. This statute, therefore, prohibits treatment that is considered human trafficking, such as forced labor, as well as other treatment, such as poor labor conditions, which is beyond the definition of human trafficking. The penalty of two to eight years’ imprisonment is sufficiently stringent.

However, Brazilian law may not adequately criminalize other means of non-physical coercion or fraud used to subject workers to forced labor, such as threatening foreign migrants with deportation
Deportation
Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...

 unless they continued to work. A 2006 presidential decree included a stated goal to amend Brazilian anti-trafficking laws to achieve parity between penalties applied to sex trafficking and slave labor crimes; , such amendments remained unrealized. A bill first proposed in 2001 which would allow the government to confiscate and redistribute property on which forced labor has been employed is still pending.

The government maintained efforts to investigate forced labor crimes. During the reporting period, the government prosecuted and convicted 15 persons under the "trabalho escravo" law. The 15 convicted offenders were given sentences ranging from 30 months to 10 years and six months plus fines, compared with 23 convictions for trabalho escravo during the previous year. Convicted trafficking offenders had subjected workers to slave labor on a rice and soy plantation, a palm-oil plantation, and cattle ranches. The Ministry of Labor’s anti-slave labor mobile unit, created in 1995, increased the number of rescue operations conducted last year; the unit’s labor inspectors continued to free victims, and require those responsible to pay approximately $3.3 million in fines. In the past, mobile unit inspectors did not typically seize physical evidence or attempt to interview witnesses with the goal of developing a criminal investigation or prosecution; labor inspectors and labor prosecutors can only apply civil penalties, and their anti-trafficking efforts were not always coordinated with public ministry prosecutors, who initiate criminal cases in federal court. In addition to weak coordination among the police, judiciary, and prosecutors, local political pressure and the remoteness of areas in which slave labor was practiced were cited as impediments in criminal prosecution of slave labor offenders.

Sex trafficking

In 2010, five sex trafficking offenders were convicted in one case involving Brazilian women trafficked to Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....

, with sentences ranging from one to six years’ imprisonment. Such results represent a decrease in convictions when compared with 22 sex trafficking convictions achieved during the previous reporting period. There were no reports of convictions for internal sex trafficking, although several individuals were arrested for this crime. Authorities collaborated with foreign governments in a number of transnational trafficking cases involving victims trafficked to Italy, Spain, Portugal, Canada, Switzerland, Mexico, Argentina, and the United States. An integrated sex trafficking database which will collect information from law enforcement, the judiciary branch, and anti-trafficking centers around the country remained in the testing stage.

Official complicity

Credible NGO reporting indicated serious official complicity in trafficking crimes at the local level, alleging that police turned a blind eye to child prostitution and potential human trafficking activity in commercial sex sites. In the past, reporting indicates that state police officials were involved in the killing or intimidation of witnesses involved in testifying against police officials in labor exploitation or slave labor hearings, and a few Brazilian legislators have sought to interfere with the operation of the labor inspection teams. Five federal police officers and two federal police administrators were arrested for alleged involvement in trafficking Chinese workers to São Paulo to work in the garment industry, and one federal judge was charged with trafficking Brazilian women to Portugal for sexual exploitation. Authorities provided specialized anti-trafficking training to law enforcement officers.

Protection

The Brazilian government sustained efforts to provide trafficking victims with services during the year. Authorities continued to use mobile inspection teams to identify forced laborers, but did not report formal procedures for identifying trafficking victims among other vulnerable populations, such as women in prostitution. The Ministry of Social Development provided generalized shelter, counseling, and medical aid to women and girls who were victims of sex trafficking through its network of 400 centers for victims of domestic violence and sexual abuse.

In 2010 the government established a women’s center for victims of violence, including human trafficking, via an agreement of partnership with the Paraguayan and Argentine governments in a general migrant’s assistance center in the tri-border area. Brazilian police continued to refer child sex trafficking victims to government-run Service to Combat Violence, Abuse, and Sexual Exploitation of Children and Adolescents for care. While the government reported training workers at more than 600 centers and health care facilities around the country to assist trafficking victims, NGOs noted that many centers were not prepared to handle trafficking cases and were underfunded. NGOs provided additional victim services, sometimes with limited government funding, and long-term shelter options were generally unavailable.

The Brazilian government, with assistance from UNODC, continued to fund regional anti-trafficking offices in conjunction with state governments in São Paulo
São Paulo
São Paulo is the largest city in Brazil, the largest city in the southern hemisphere and South America, and the world's seventh largest city by population. The metropolis is anchor to the São Paulo metropolitan area, ranked as the second-most populous metropolitan area in the Americas and among...

, Rio de Janeiro
Rio de Janeiro
Rio de Janeiro , commonly referred to simply as Rio, is the capital city of the State of Rio de Janeiro, the second largest city of Brazil, and the third largest metropolitan area and agglomeration in South America, boasting approximately 6.3 million people within the city proper, making it the 6th...

, Goiás
Goiás
Goiás is a state of Brazil, located in the central part of the country. The name Goiás comes from the name of an indigenous community...

, Pernambuco
Pernambuco
Pernambuco is a state of Brazil, located in the Northeast region of the country. To the north are the states of Paraíba and Ceará, to the west is Piauí, to the south are Alagoas and Bahia, and to the east is the Atlantic Ocean. There are about of beaches, some of the most beautiful in the...

, Ceará
Ceará
Ceará is one of the 27 states of Brazil, located in the northeastern part of the country, on the Atlantic coast. It is currently the 8th largest Brazilian State by population and the 17th by area. It is also one of the main touristic destinations in Brazil. The state capital is the city of...

, and Pará
Pará
Pará is a state in the north of Brazil. It borders the Brazilian states of Amapá, Maranhão, Tocantins, Mato Grosso, Amazonas and Roraima. To the northwest it also borders Guyana and Suriname, and to the northeast it borders the Atlantic Ocean. The capital is Belém.Pará is the most populous state...

 and opened two new offices in Acre
Acre
The acre is a unit of area in a number of different systems, including the imperial and U.S. customary systems. The most commonly used acres today are the international acre and, in the United States, the survey acre. The most common use of the acre is to measure tracts of land.The acre is related...

 and Bahia
Bahia
Bahia is one of the 26 states of Brazil, and is located in the northeastern part of the country on the Atlantic coast. It is the fourth most populous Brazilian state after São Paulo, Minas Gerais and Rio de Janeiro, and the fifth-largest in size...

. These offices are responsible for providing victim assistance, in addition to preventing and combating human trafficking, although NGOs report that quality of service varies and that some centers focus on public awareness as opposed to victim care. Authorities also operated an assistance post to aid repatriated citizens who might be trafficking victims in the airport in Belem. In early 2010, the government took over responsibility for an assistance post in the São Paulo airport previously run by an NGO. During 2009, the post assisted 444 individuals, nine of which were identified as trafficking victims. Authorities plan to create additional airport posts in Fortaleza, Salvador, and Rio de Janeiro in 2010.

Slave labor

During the year, the Ministry of Labor’s mobile units identified and freed 3,769 victims of slave labor through 156 operations targeting 350 properties. Such results compare with 5,016 victims freed through 154 operations targeting 290 properties in 2008. The Ministry of Labor awarded forced labor victims a portion of funds which were derived from fines levied against the landowners or employers identified during the operations. However, forced labor victims, typically adult Brazilian men, were not eligible for government-provided shelter assistance, though they were provided with three months’ salary at minimum wage, as well as job training and travel assistance when available. The government did not generally encourage victims of slave labor to participate in criminal investigations or prosecutions.

Some NGOs provided such victim services to male victims. According to NGOs, some rescued slave laborers have been re-trafficked, due to lack of effective prosecutions of recruiters of trabalho escravo, few alternate forms of employment for the rescued workers, and lack of legal aid to help them pursue their own complaints against exploitative employers.

Sex trafficking

The government encouraged sex trafficking victims to participate in investigations and prosecutions of trafficking, though victims often were reluctant to testify due to fear of reprisals from traffickers and corrupt law enforcement officials. NGOs allege that police often dismissed cases involving sex trafficking victims, and some victims reported discrimination or prejudicial treatment due to the fact that they worked in prostitution prior to being trafficked and were therefore not considered victims.

Some victims of sex trafficking were offered short-term protection under a witness protection program active in 10 states, which was generally regarded as lacking resources. The government did not detain, fine, or otherwise penalize identified victims of trafficking for unlawful acts committed as a direct result of being trafficked. However, the government does not provide foreign trafficking victims with legal alternatives to removal to countries where they may face hardship or retribution, and law enforcement personnel noted that undocumented foreign victims were often deported before they could assist with prosecutions against their traffickers. Brazilian consular officers received guidance on how to report trafficking cases and assist trafficking victims.

Prevention

The Brazilian government increased efforts to prevent human trafficking in recent years. Federal authorities generally maintained cooperation with international organizations and NGOs on anti-trafficking activities. Various government agencies implemented parts of the 2008-2010 National Plan for Combating Trafficking in Persons. Civil society
Civil society
Civil society is composed of the totality of many voluntary social relationships, civic and social organizations, and institutions that form the basis of a functioning society, as distinct from the force-backed structures of a state , the commercial institutions of the market, and private criminal...

 organizations, religious officials, and various government agencies collaborated on anti-trafficking initiatives. A national hotline for reporting incidents of child sexual abuse and exploitation received approximately 12,000 calls on sexual exploitation of children, including a total of 200 reported calls on child trafficking.

Articles 206 and 207 of Brazil’s penal code prohibit the trafficking-related offense of fraudulent recruitment or enticement of workers, internally or internationally, prescribing penalties of one to three years’ imprisonment. The Ministry of Labor’s “dirty list,” which publicly identifies individuals and corporate entities the government has determined to have been responsible for crimes under the trabalho escravo law, continued to provide civil penalties to those engaged in this serious crime. The most recent version, released in January 2010, cited 164 employers, some of whom, because of this designation, were denied access to credit by public and private financial institutions because of this designation. During the year, however, a number of individuals and corporate entities were able to avoid opprobrium by suing to remove their names from the “dirty list” or reincorporating under a different name.

The government took measures to reduce demand for commercial sexual exploitation of children by conducting a multi-media campaign during the 2010 Carnaval holiday period, reaching an estimated audience of 600,000. Action brigades distributed a wide variety of awareness materials, radio announcements were broadcast daily, and airlines made information available on their flights.

The government also sought to reduce demand for commercial sex acts along Brazil’s highways. In partnership with a Brazilian energy company and an international organization, authorities trained highway police and engaged truck drivers in the fight against the commercial sexual exploitation of children. Finally, Brazilian authorities relied on operational partnerships with foreign governments to extradite and prosecute foreign sex tourists, though there were no reports of prosecutions or convictions for child sex tourism within Brazil. The Brazilian military used the United Nations Peacekeeping Office
Department of Peacekeeping Operations
The Department of Peacekeeping Operations is a department of the United Nations which is charged with the planning, preparation, management and direction of UN peacekeeping operations.-History of the DPKO:...

’s anti-trafficking and forced labor training modules to train its troops prior to their deployment abroad as part of international peacekeeping missions.
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