Brazil

Article 5

Everyone is equal before the law, with no distinction whatsoever, guaranteeing to Brazilians and foreigners residing in the Country the inviolability of the rights to life, liberty, equality, security and property, on the following terms:

XIII. exercise of any job, trade or profession is free, observing the professional qualifications that the law establishes;

XLVII. there shall be no penalties:

c. of forced labor;

LIV. no one shall be deprived of liberty or property without due process of law;

Article 7

The following are rights of urban and rural workers, in addition to any others designed to improve their social condition:

IV. a national uniform minimum wage, fixed by law, capable of meeting a worker’s basic living needs and those of his family, for housing, nourishment, education, health, leisure, clothing, hygiene, transportation and social security, with periodic adjustments to maintain its purchasing power, prohibiting linkage to it as index for any purpose;

V. a salary floor in proportion to the extent and complexity of the work;

VI. Irreducibility of salaries or wages, except when provided for in a collective agreement or accord;

VII. for those receiving variable compensation, a guaranty that the salary or wage will never fall below the minimum wage;

XXXIII. prohibition of nighttime, dangerous or unhealthy work for those under eighteen years of age, and of any work for those under the age of sixteen, except as an apprentice;

Sole Paragraph: The category of domestic workers is assured the rights set out in subparagraphs IV, VI, VII, VIII, X, XIII, XV, XVI, XVII, XVIII, XIX, XXI, XXII, XXIV, XXVI, XXX, XXXI and XXXIII, and taking into consideration the conditions established in law and observing the simplification of the performance of the principal and accessory tax obligations, the provisions in the subparagraphs I, II, III, IX, XII, XXV and XXVIII, as well as integration into the social security system.

Article 68

Final title shall be recognized for the remaining members of the former fugitive slave communities who are occupying their lands, and the State shall grant them the respective deeds.

Article 227

It is the duty of the family, the society and the Government to assure children, adolescents, and youths, with absolute priority, the rights to life, health, nourishment, education, leisure, professional training, culture, dignity, respect, liberty and family and community harmony, in addition to safeguarding them against all forms of negligence, discrimination, exploitation, violence, cruelty and oppression.

§3°. The right to special protection shall encompass the following aspects:

I. a minimum age of fourteen years to be allowed to work, observing the provisions of art. 7°, XXXIII;

II. guarantee of social security and labor rights;

Article 243

Rural and urban properties in any region of Brazil on which illegal cultivation of psychotropic plants or the exploitation of slave labor, as provided by law, are found shall be expropriated and destined for agrarian reform and programs of popular housing, without any compensation to the owner and without prejudice to other sanctions provided by law, observing, to the extent applicable, the provisions of art. 5.

Constitution 1988 (PDF)

Art. 148 Kidnapping and private jail

Depriving someone of their freedom by means of abduction or private jail:

Penalty – imprisonment, from one to three years.

Paragraph 1 – The penalty is imprisonment, from two to five years:

I – if the victim is an ascendant, descendant, spouse or companion of the agent or greater than 60 (sixty) years;

II – if the crime is committed through hospitalization of the victim in a health home or hospital;

III – if the deprivation of liberty lasts more than 15 (fifteen) days.

IV – if the crime is committed against a minor of 18 (eighteen) years;

V – if the crime is committed for libidinous purposes.

Paragraph 2 – If the victim, due to ill-treatment or the nature of the detention, causes grave physical or moral suffering:

Penalty – imprisonment, from two to eight years.

Art. 149 Reduction of slave-like condition

To reduce a person to the condition analogous to that of a slave, whether by subjecting him to forced labor or an exhaustive journey, by subjecting him to degrading conditions of work, or by restricting by any means his movement by reason of debt contracted with the employer or agent.

Penalty – imprisonment, from two to eight years, and a fine, in addition to the punishment corresponding to the violence.

§ 1 the same penalties apply to those who:

I – restricts the use of any means of transport by the worker, in order to keep him in the workplace;

II – maintains ostensive surveillance in the workplace or seizes documents or personal objects of the worker, in order to keep him or her in the workplace.

§ 2 the penalty is increased by half if the crime is committed:

I – against children or adolescents;

II – for reasons of prejudice of race, color, ethnicity, religion or origin.

Art. 149-A Trafficking in Persons

(Introduced by Law No 13.344 of October 6 2016)

By means of serious threat, violence, coercion, fraud or abuse, for the purpose of:

I – removing organs, tissues or parts of the body;

II – submitting it to work under conditions analogous to slavery;

III – submit it to any type of servitude;

IV – illegal adoption; Or

V – sexual exploitation.

Penalty – imprisonment, from 4 (four) to 8 (eight) years, and fine.

Paragraph 1. The penalty shall be increased by one-third to one-half if:

I – the crime is committed by a civil servant in the exercise of his functions or on the pretext of exercising them;

II – the crime is committed against a child, adolescent or elderly person or with a disability;

III – the agent prevails in relations of kinship, domestic relations, cohabitation, hospitality, economic dependence, authority or hierarchical superiority inherent in the exercise of employment, position or function; Or

IV – the victim of trafficking in persons is removed from the national territory.

Paragraph 2. The penalty is reduced from one to two thirds if the agent is primary and does not integrate criminal organization.

Art. 206 Entice for the end of emigration

Recruit workers, through fraud, in order to take them to foreign territory

Penalty – detention, from 1 (one) to 3 (three) years and fine.

Art. 207 Enticing workers from one place to another in the national territory

Enlisting workers in order to take them from one place to another in the national territory:

Penalty – detention of one to three years, and fine.

§ 1 In the same penalty, the recruitment of workers outside the locality of execution of the work within the national territory, by fraud or collection of any amount of the worker, or, moreover, does not guarantee conditions of their return to the place of origin.

§ 2 The penalty is increased from one sixth to one third if the victim is under eighteen years old, pregnant, pregnant, indigenous or with physical or mental disability.

Article 231 International traffic in persons for the purpose of sexual exploitation

To promote or facilitate the entry into the national territory of someone who may engage in prostitution or other forms of sexual exploitation, or the departure of someone who is going to practice it abroad.

Penalty – imprisonment, from 3 (three) to 8 (eight) years.

§ 1 The same person who acts as agent, solicits or acquires the trafficked person, as well as, having knowledge of this condition, transports, transfers or lodges it.

§ 2 the The penalty is increased by half if:

I – the victim is under 18 (eighteen) years;

II – the victim, due to illness or mental deficiency, does not have the necessary discernment for the practice of the act;

III – if the agent is an ascendant, stepparent, stepmother, brother, stepchild, spouse, companion, guardian or curator, preceptor or employer of the victim, or has assumed, by law or otherwise, an obligation of care, protection or vigilance; Or

IV – there is violence, serious threat or fraud.

§ 3 If the crime is committed in order to obtain economic advantage also applies fine.

Article 231-A Internal trafficking in persons for the purpose of sexual exploitation

Promote or facilitate the displacement of someone within the national territory for the exercise of prostitution or other sexual exploitation:

Penalty – confinement, from 2 (two) to 6 (six) years.

• 1 The same penalty who tout, solicit, buy or sell the trafficked person as well as being aware of this condition, transporting it, move it or alojála.
• 2 The penalty is increased by half if:

I – the victim is under 18 (eighteen) years;

II – the victim, due to illness or mental deficiency, does not have the necessary discernment for the practice of the act;

III – if the agent is an ascendant, stepparent, stepmother, brother, stepchild, spouse, companion, guardian or curator, preceptor or employer of the victim, or has assumed, by law or otherwise, an obligation of care, protection or vigilance; Or

IV – there is violence, serious threat or fraud.

Penal Code 1940 (PDF)

Art. 2

Confronting trafficking in persons shall comply with the following principles:

I – respect for the dignity of the human person;

II – promotion and guarantee of citizenship and human rights;

III – universality, indivisibility and interdependence;

IV – non-discrimination on grounds of gender, sexual orientation, ethnic or social origin, origin,

nationality, professional activity, race, religion, age group, migratory status or other status;

V – transversality of the dimensions of gender, sexual orientation, ethnic or social origin, origin, race and age in public policies;

VI – full attention to direct and indirect victims, regardless of nationality and collaboration in investigations or legal proceedings;

VII – full protection of children and adolescents.

Law no. 13.344 of October 6 2016 (PDF)