[ Human Trafficking, Country-by-Country ]

BRAZIL (Tier 2) – Extracted in part from the U.S. State Dept 2023 TIP Report - Brazil

The Government of Brazil does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. The government demonstrated overall increasing efforts compared with the previous reporting period, considering the impact of the COVID-19 pandemic, if any, on its anti-trafficking capacity; therefore Brazil remained on Tier 2. These efforts included identifying more trafficking victims, publishing an assessment of past sex trafficking prosecutions, convicting more perpetrators of slave labor, and continuing to issue regular updates to its public registry of slave labor offenders (the “dirty list”). However, the government did not meet the minimum standards in several key areas. On average, courts took more than 10 years to finalize convictions of traffickers, contributing to a culture of impunity. Officials continued to punish most labor traffickers with administrative penalties instead of prison, in part due to insufficient evidence collection, which neither served as an effective deterrent nor provided justice for victims. The government reported limited efforts to combat sex trafficking, including among highly vulnerable populations, such as children and LGBTQI+ persons. Many officials demonstrated a misunderstanding of the trafficking crime, hindering efforts to identify victims and hold traffickers accountable. Victim protection mechanisms, including shelter services, remained inadequate and varied substantially by state.

Prioritized Recommendations

Train government officials on Law 13.344 to ensure a uniform understanding of the crime and dispel the misconception that trafficking is a crime of movement.

Vigorously investigate and prosecute traffickers, especially sex traffickers, using the anti-trafficking statute rather than lesser offenses when possible, and seek adequate penalties for convicted traffickers, which should include significant prison terms.

Resolve legal proceedings against alleged traffickers expeditiously and without prolonged delays.

Increase efforts to proactively identify trafficking victims, especially sex trafficking victims, and refer them to services; provide victims shelter and specialized assistance.

Improve the mobile inspection group’s (GEFM’s) data collection process and increase staffing in the Federal Public Ministry’s (MPF’s) anti-trafficking and anti-slave labor unit to facilitate prosecutors’ participation in GEFM inspections.

Prosecute labor traffickers in criminal courts.

Compile comprehensive data on victim identification; victim assistance; and investigations, prosecutions, and convictions, disaggregated between sex and labor trafficking cases, and effectively communicate this data between federal and state authorities.

Increase the number of specialized anti-trafficking offices, especially in Mato Grosso do Sul, Piaui, Rondônia, Roraima, and Santa Catarina states.

Improve interagency coordination on anti-trafficking efforts at all levels of government, especially among victim support and law enforcement officials.

Implement an actionable victim identification, referral, and assistance SOP; train officials on its use.

Amend the 2016 anti-trafficking law to criminalize child sex trafficking without elements of force, fraud, or coercion in accordance with the 2000 UN TIP Protocol.

Draft and adopt a new NAP.

Increase and fund publicity campaigns and other efforts to raise awareness of trafficking, especially in communities along highways where human trafficking is prevalent.