Brazil’s Combat Against Modern Slavery Has An Enforcement Problem

By Tim Höflinger, São Paulo

On February 23, Brazilian authorities rescued 207 victims in conditions akin to modern slavery in Bento Gonçalves, Rio Grande do Sul. The men had been harvesting grapes for a service provider to Brazil’s leading wine producer and two other renowned Brazilian vineyards.

The men, most of them from Bahia state, came to work for the service provider in return for the promise of good pay, food and accommodation. After traveling to the site, the men had to work 18-hour shifts, six days a week. They lived in unsanitary housing and were given insufficient food. Room and board were deducted from the men’s wages, leaving them with low pay or in debt to their employer. Armed guards forced the men to remain on site and subjected them to physical abuse, including electric shocks and pepper spray. Just a few days later on March 10, 56 workers subjected to conditions akin to modern slavery were rescued on two rice farms in Rio Grande do Sul and on March 17, another operation rescued 212 workers in Goiás state.

These cases are the latest in a series of incidents in Brazil, where reports of modern slavery have been on the rise since 2020. Last year, 2,575 cases were identified—the highest number since 2014. Most victims were Black men from northeast Brazil.

The new government of President Luiz Inácio Lula da Silva (Lula), particularly Minister of Labor and Employment Luiz Marinho and Minister of Human Rights and Citizenship Silvio Almeida, pledged to prioritize combating modern slavery.

The widely covered incident in Bento Gonçalves has put the new administration’s promise to the test and prompted an immediate official response. The government announced that it would strengthen labor inspection policies, update its list of companies and individuals implicated in exploiting modern slavery (the lista suja), and create a new secretary responsible for ending the illegal practice.

Although these measures highlight the government’s focus on the issue, the chronic underfunding of labor inspections and the lack of awareness of the practice’s illegality among some employers remain. Unless the Lula administration addresses these systemic issues, modern slavery will remain a persistent problem in Brazil.

During the presidency of Jair Bolsonaro (2019-2022), the average annual budget for operations against modern slavery was USD 5.7m, 47.3% lower than those of preceding governments. During Lula’s first year in office, 2023, the budget will be USD 6.5m, a 44% increase over the previous year. By all accounts, however, such an inspection budget in a country as vast as Brazil, with a total workforce of 105m, does not permit for adequately addressing modern slavery. More resources, in terms of both funds and personnel, are needed to investigate reported violations and conduct field operations, especially in rural areas where modern slavery occurs more frequently.

Changing mentalities in specific regions and sectors regarding modern slavery represents another challenge. The deteriorated economic situation in Brazil has made many people more vulnerable to labor exploitation. Frequently, both victims of conditions akin to modern slavery and its perpetrators do not recognize it as a crime. For workers, more awareness campaigns against modern slavery in hotspots can help clarify their rights. Employers’ unawareness of or disregard for the illegality of the practice, however, is partly born out of a lack of consequences. Although Brazil has a robust legal framework in place, with significant penalties for perpetrators (including the seizure of property), enforcement is very low. A study by the Federal University of Minas Gerais found that, of the 2,679 individuals or companies accused of modern slavery between 2008 and 2019, only 4.2% were convicted and had their verdicts upheld on appeal. When prosecutors do file charges, legal proceedings are lengthy, often taking up to ten years, during which the accused can continue operating.

Despite the Lula administration’s commitments, significant advances in combating modern slavery in Brazil are unlikely to succeed if the underlying issues remain unaddressed.

Tim Höflinger is a Senior Consultant at Control Risks, the global specialist risk consulting firm. He is based in the São Paulo office.