Public Ministry wants the Supreme Court to put cases on the topic on the agenda for consideration by ministers
O MPF (Federal Public Ministry) requested the STF (Supreme Federal Court) that prioritizes processes that deal with the fight against slave labor in the plenary judgment agenda. The order was made this Monday (6.Nov.2023).
The interim Attorney General of the Republic, Elizeta Ramos, stated that work similar to slavery in the country continues to be one of the worst types of exploitation. Therefore, it is necessary to prioritize these issues not only due to the relevance of the topic, but also due to the demand for an effective legal response in the fight against crime.
The MPF declared that in its petitions, that from January to March this year, 918 workers were rescued, according to data released by the MTE (Ministry of Labor and Employment). In 2022, this number reached almost 2,600.
The ministry pointed out that the total number of people rescued in the 1st quarter of 2023 represents an increase of 124% compared to the same period in 2022. The number is also the highest for the 1st quarter in 15 years.
The petition asks for the prioritization of 5 matters that are in the STF. In 3 of them, the MPF had already requested preference for trial in March this year. Being:
- RF (Extraordinary Appeal) 1,323,708 – the criteria and evidence necessary to characterize degrading work are discussed. The ministry defends the unconstitutionality of the matter. Here’s the complete of the process (PDF – 230 KB);
- ADI (Direct Unconstitutionality Action) 5,465 – discusses the constitutionality of state laws that establish, as an additional mechanism for repressing crime, the imposition of administrative sanctions on companies that sell products manufactured using work similar to slavery. The MPF spoke out for constitutionality. Here’s the complete (PDF – 209 KB); It is
- ADO (Direct Action of Unconstitutionality by Omission) 77 – filed by the MPF in September 2022; calls for the regulation of expropriation of lands where slave labor is found, as provided for in art. 243 of the Constitution. Here’s the complete (PDF – 209 KB).
The other two articles cover:
- ADPF (Action for Breach of Fundamental Precept) 509 – the constitutionality of the Register of Employers who have subjected workers to conditions analogous to slavery, became known as “dirty list” of slave labor. The case had its merits assessed by the Plenary of the Supreme Court in 2020 and the list was considered constitutional. A Abrainc (Brazilian Association of Real Estate Developers), author of the ADPF, appealed the decision and, currently, the case is closed for further consideration. Here’s the complete (PDF – 209 KB); It is
- ADPF 1,053 – asks the STF to recognize the imprescriptibility of the crime of work analogous to slavery, provided for in article 149 of the Penal Code. Here’s the complete (PDF – 1 MB).
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