Abuse of vulnerability Coercive, unfair or deceptive recruitment Criminal liability
Article 206 criminalises “fraudulently enticing” another person with the promise of employment overseas.
While only short term recruitment agencies are regulated in Brazil, recruiters can be prosecuted through Articles 206 and 207 for the fraudulent enticement of workers for the purpose of internal (Article 207) or external (Article 206) migration.
Article 206. Recruiting workers by fraud, in order to take them to foreign territory.
Penalty: imprisonment of one to three years and fine.
Law / 7 December 1940 / Brazil / Criminal Code
The Brazilian Penal Code specifically deals with criminal liability for human trafficking, forced labour and slavery. However, these provisions are not applicable to corporate entities, as Brazilian legislation only provides for the criminal responsibility of corporations for environmental crimes and for corruption. Under the Criminal Code, civil liability may arise from any crime. Accordingly, while only the company’s executives can be charged with the crimes of forced labour, slavery and human trafficking, corporations can be held civilly liable for such crimes.