Article 197

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Criminal liability Forced labour

Article 197 criminalises and defines the offence of  “attack on the freedom to work”. This offence includes coercing someone through violence or serious threat to work or not to work for a certain period or on certain days.

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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.