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Dirty List of Slave Labor is Constitutional

09/16/2020

The Brazilian Federal Supreme Court judged constitutional the creation of the Registry of Employers who have submitted workers to the condition analogous to slavery, the so-called "dirty list of slave labor". The decision, by majority of votes, was handed down in the Claim of Non-compliance with a Fundamental Precept (ADPF) 509, filed by the Brazilian Association of Real Estate Developers (Abrainc), in the virtual session closed on September 14.

In the action, Abrainc argued that the Interministerial Ordinance 4/2016, of the extinct Ministries of Labor and Social Security and Women, Racial Equality, Youth and Human Rights would have hurt the principle of legal reserve. According to the association, the creation of a register of sanctions and restrictive rights could only have occurred through law.

The ordinance, issued in May 2016, establishes that the inclusion of the employer in the registry will only occur after an unappealable administrative decision from the source of the infraction notice in which the exploitation of labor in conditions analogous to slavery is verified. The employer's name will remain in the registry for two years, during which monitoring will be conducted to verify the regularity of working conditions.

PR/AS//CF - CG/FB/GL

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