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RR RUEHRG
DE RUEHBR #0250/01 0611113
ZNR UUUUU ZZH
R 021113Z MAR 09
FM AMEMBASSY BRASILIA
TO RUEHC/SECSTATE WASHDC 3665
INFO RUEHRI/AMCONSUL RIO DE JANEIRO 7322
RUEHRG/AMCONSUL RECIFE 9136
RUEHSO/AMCONSUL SAO PAULO 3606
RUEHLI/AMEMBASSY LISBON 0462
RUEAWJA/DEPT OF JUSTICE WASHDC
RHEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC

UNCLAS SECTION 01 OF 10 BRASILIA 000250 
 
SENSITIVE BUT UNCLASSIFIED 
SIPDIS 
 
DEPARTMENT FOR G/TIP MARK TAYLOR AND BARBARA FLECK, WHA/PPC FOR 
SCOTT MILLER, WHA/BSC FOR CAROLINE CROFT AND BENJAMIN CHIANG, INL, 
DRL, AND PRM.  USAID. 
 
E.O 12958:  N/A 
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB BR
 
SUBJECT:  BRAZIL:  NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT, 
PART 2 OF 3 
 
REFS:  08 STATE 132759, 08 Brasilia 35, 08 Brasilia 56, 08  Brasilia 
471, 08 Brasilia 594, 08 Brasilia 760, 08 Brasilia 941, 08 Brasilia 
962, 08 Brasilia 1506, 08 Brasilia 1588, 08 Brasilia 1608, 08 
Brasilia 1686, Brasilia 79, Brasilia 102, 08 Recife 46, 08 Rio 172, 
08 Rio 347, 08 Sao Paulo 117, 08 Sao Paulo 276, 08 Sao Paulo 412, 08 
Sao Paulo 432, 08 Sao Paulo 620, 08 Sao Paulo 678, Sao Paulo 18. 
 
 
- - - - - - - - - - - - - - - - - - - - - - - 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
- - - - - - - - - - - - - - - - - - - - - - - 
 
(NOTE:  Answers correspond to questions in ref A, para. 25.  END 
NOTE) 
 
Section A 
--------- 
 
¶1.  (SBU) (U) The Full Inventory of TIP Legislation:  Laws 
prohibiting trafficking are contained in the Brazilian Penal Code, 
Articles 231, 231-A, 206, and 207, and the Statute of Children and 
Adolescents.  In addition, Article 149 of the Brazilian penal code 
prohibits "reducing someone to a condition analogous to slavery," 
and is used to prosecute forced labor cases that are the result of 
trafficking, often in combination with Article 207, the law against 
domestic trafficking.  Brazil has not enacted any new TIP 
legislation in the reporting period. 
 
¶2.  (U) Article 231, International trafficking in persons, amended 
March 28, 2005 by Law 11,106, states: 
 
Promoting, intermediating, or facilitating the entry on national 
territory of a person who might practice prostitution or the exit of 
a person to practice it abroad. 
 
Penalty: imprisonment, three to eight years, and a fine.  If any of 
the circumstances described in Article 227, section 1, apply, the 
penalty is four to ten years imprisonment and a fine.  If violence, 
threat or fraud is used, the penalty is five to twelve years 
imprisonment and fine, as well as any additional penalties for the 
violent act(s). 
 
¶3.  (U) (Note: Article 227, section 1, applies to crimes involving 
persons under the age of 18, or when the perpetrator is a close 
relative as defined in the text, companion, tutor, healer, employer, 
or legal or other type of guardian; section 2, when the crime was 
committed through the use of violence, threat, or fraud; section 3, 
with a profit-making intent.  End note.) 
 
¶4.  (U) Article 231-A, Internal Trafficking of Persons, created 
March 28, 2005 by Law 11,106, states: 
 
Promoting, intermediating, or facilitating, on the national 
territory, the recruitment, transport, transfer, lodging or receipt 
of a person who might practice prostitution. 
 
Penalty - imprisonment, from three to eight years, and a fine. 
 
¶5.  (U) Article 206, Enticement for the purposes of emigration, 
created July 7, 1993 by Law 8,683 and states: 
 
Recruiting workers, using fraud, for the purposes of taking them to 
foreign territory. 
 
Penalty: imprisonment, from one to three years, and a fine. 
 
¶6.  (U) Article 207, Enticement of workers from one place to another 
in national territory, created or amended December 29, 1998 by law 
9,777, states: 
 
Enticing workers, for the purpose of taking them from one place to 
another on national territory. 
 
Penalty: one to three years imprisonment, and a fine. 
 
Section 1: the same penalty applies for anyone who recruits workers 
outside of the workplace, within national territory, through fraud 
of any type of charge to the worker, or, even, without ensuring the 
 
BRASILIA 00000250  002 OF 010 
 
 
worker's return to his place of origin. 
 
Section 2: the penalty is increased by one sixth to one third if the 
victim is under 18, a senior citizen, pregnant, indigenous, or 
mentally or physically handicapped. 
 
¶7.  (U) Article 149, Reduction to a condition analogous to slavery, 
created or amended December 11, 2003 by law 10,803, states: 
 
Reducing someone to a condition analogous to slavery, whether 
submitting him to forced labor or an exhaustive work-day, whether 
subjecting him to degrading working conditions, whether restricting, 
by any means, his movement because of debt incurred with the 
employer or pre-imposed. 
 
Penalty: two to eight years imprisonment, and fine, aside from the 
penalty for violence. 
 
Section 1: the same penalties are incurred by anyone who 
 
I: restricts the worker's use of any form of transportation, for the 
purpose of keeping him on the workplace 
II: maintains visible security at the workplace or seizes the 
worker's identity documents or personal objects for the purpose of 
keeping him at the workplace. 
 
Section 2: The penalty is increased by one half is the crime is 
committed: 
I: against a child or adolescent 
II: out of prejudice against race, color, ethnicity, religion, or 
origin. 
 
¶8. (U) On February 12, 2009, the National Secretary of Justice 
signed an order creating a working group to study current Brazilian 
legislation in order to improve its anti-TIP provisions. 
 
Section B: 
---------- 
 
¶9. (SBU) The penalties for Articles 231 and 231-A (international and 
internal sex trafficking) are three to eight years imprisonment and 
fines (no value specified). 
 
Section C: 
---------- 
 
¶10.  (SBU) The penalties under Articles 206 and 207 (international 
and internal labor trafficking) are one to three years imprisonment 
and a fine.  The penalties under Article 149 (reducing someone to a 
condition analogous to slavery) are two to eight years imprisonment 
and a fine.  The GOB and some NGOS were working to modify the laws 
to apply to trafficking for any purpose, to include forced labor and 
child labor.  Article 149 of the penal code (reduction to a 
condition analogous to slavery) forbids restricting a worker's 
movement by taking his documents.  The anti-trafficking laws are 
silent on switching contracts and withholding salaries to keep the 
worker in a state of service. 
 
¶11.  (SBU) Proposed legislation to allow the GOB to confiscate and 
redistribute property on which slave labor has been employed is 
still pending.  As of February 2009, the Chamber of Deputies had not 
voted on the proposal.  The bill (Proposed Constitutional Amendment 
438/2001) has been in the Chamber of Deputies since 2001 and has 
been passed in committee and by the Senate.  The final step is a 
vote by the full Chamber of Deputies, but it is uncertain whether 
leaders will agree to bring it up for a vote because many deputies 
representing rural interests oppose it. 
 
¶12.  (SBU) The October 2006 presidential decree on human trafficking 
included among its goals modifying the law so that the same criminal 
penalties that apply for trafficking of persons for sexual 
exploitation also applied to trafficking for the purposes of forced 
or child labor.  Absent strong criminal penalties for those 
offenses, the GOB had earlier passed a decree that created the 
"Dirty List" of individuals and companies that have been convicted 
in civil or labor courts of using forced or slave labor.  The list 
was established in 2004 by way of Federal regulation.  In 2006, the 
GOB enacted another federal regulation that allowed the GOB to share 
 
BRASILIA 00000250  003 OF 010 
 
 
the names on the list with Brazilian banking associations.  Banking 
association members have since been denying credit to those 
individuals and companies whose names appear on the 'Dirty List." 
 
¶13.  (SBU) The "Dirty List" is now updated every six months by the 
Ministry of Labor and published on its website.  Names remain on the 
list for two years unless ordered removed sooner by judicial decree 
after appeal by the convicted. 
 
¶14.  Violators of labor trafficking laws are fined and ordered to 
pay indemnization to workers.  According to Ministry of Labor 
statistics, indemmnizations ordered during 2008 amounted to 
8,945,092 Brazilian reals, or about USD 3,580,000, the result of 154 
inspections on 290 farms by the MTE mobile units that freed 5,016 
workers.  In 2007, the MTE conducted 116 inspections, rescued 5,999 
workers, and ordered 9,914,276 Brazilian reals (about USD 4 million) 
in indemnizations. 
 
Section D: 
---------- 
 
¶15. (SBU) The penalties for rape and forcible sexual assault are six 
to ten years imprisonment.  Human traffickers involved in 
trafficking for sexual exploitation receive the same penalty. 
 
Section E: 
---------- 
 
¶16.  (SBU) Brazil is a source country for internal and international 
sex trafficking as well as for internal forced labor trafficking. 
Brazil has successfully prosecuted many cases of international sex 
trafficking, has levied fines for labor trafficking, and criminally 
prosecuted 11 labor trafficking cases but there were no convictions. 
 The February 2009 UNODC Global Report on Trafficking in Persons 
states, "All convictions for trafficking in persons offenses refer 
to sexual exploitation" (p. 155).  Brazil's focus on labor 
trafficking has been on civil penalties (fines), prevention and 
protection.  The MTE, Federal Labor Police, and the Public Labor 
Ministry (Ministerio Publico do Trabalho) have investigative and 
civil authority, while the Federal Public Ministry has criminal 
prosecutorial authority.  There is no systemic mechanism to refer 
the results of investigations to the Federal Public Ministry for 
criminal prosecution.  As a result, fines are imposed but criminal 
charges are not routinely brought in child and forced labor cases. 
Mission also notes that as it is easier to convict on charges other 
than TIP, TIP cases are often prosecuted on other grounds.  RLA has 
formed a partnership with federal prosecutors in order to make 
criminal prosecutions a reality.  In addition, Mission formed a TIP 
Working Group in 2007 that includes representatives from the State 
Department (chair), Justice Department (vice-chair), USAID and law 
enforcement and meets regularly with the goal of assisting Brazil to 
meet its TIP obligations. 
 
¶17.  (U) Federal Police statistics for trafficking offenses (Note: 
data are available for the period 1999-2004 and Mission will provide 
on request.  End note.) 
 
¶18.  (U) Article 231 (International sex trafficking) 
 
2005: 
Investigations: 119 
Indictments: 103 
Persons Arrested: 39 
 
2006 
Investigations: 105 
Indictments: 76 
Persons Arrested: 68 
 
2007 
Investigations: 111 
Indictments: 47 
Persons Arrested: 20 
 
2008 
Investigations through July 31 only: 55 
Indictments, whole year: 21 
Persons Arrested, as of July 2: 50 
 
BRASILIA 00000250  004 OF 010 
 
 
 
According to the Federal Police, the majority of the indicted 
persons were females, the most common age range was 23-27 years, and 
the state with the most investigations and indictments was Goias. 
 
¶19. (U) Article 231-A (Internal sex trafficking of persons) 
 
2005 
Indictments: 5 
Persons indicted: 5 
Investigations leading to indictment: 3 
 
2006 
Indictments: 18 
Persons indicted: 18 
Investigations leading to indictment: 3 
 
2007 
Indictments 0 
Persons indicted: 0 
Investigations leading to indictment: 0 
 
2008 
Indictments: 2 
Persons indicted: 2 
Investigations leading to indictment: 2 
 
¶20.  (U) Article 206 (Enticement for the purpose of emigration) 
 
2005 
Indictments: 49 
Persons indicted: 47 
Investigations leading to indictment: 22 
 
2006 
Indictments: 12 
Persons indicted: 12 
Investigations leading to indictment: 8 
 
2007 
Indictments: 6 
Persons indicted: 6 
Investigations leading to indictment: 3 
 
2008 
Indictments: 1 
Persons indicted: 1 
Investigations leading to indictment: 1 
 
¶21.  (U) Article 207 (Enticement of workers from one place to 
another on national territory) 
 
2005 
Indictments: 43 
Persons indicted: 43 
Investigations leading to indictment: 20 
 
2006 
Indictments: 32 
Persons indicted: 31 
Investigations leading to indictment: 19 
 
2007 
Indictments: 24 
Persons indicted: 24 
Investigations leading to indictment: 16 
 
2008 
Indictments: 6 
Persons indicted: 6 
Investigations leading to indictment: 4 
 
¶22.  (U) Article 149 (Reduction to a condition analogous to slavery) 
and Article 207 (Enticement of workers from one place to another on 
national territory) 
 
2005 
Indictments: 29 
 
BRASILIA 00000250  005 OF 010 
 
 
Persons indicted: 29 
Investigations leading to indictment: 12 
 
2006 
Indictments: 6 
Persons indicted: 6 
Investigations leading to indictment: 4 
 
2007 
Indictments: 17 
Persons indicted: 17 
Investigations leading to indictment: 11 
 
2008 
Indictments: 5 
Persons indicted: 5 
Investigations leading to indictment: 5 
 
¶23.  (U) Article 149 (Reduction to a condition analogous to 
slavery) 
 
2005 
Indictments: 86 
Persons indicted: 84 
Investigations leading to indictment: 32 
 
2006 
Indictments: 60 
Persons indicted: 59 
Investigations leading to indictment: 32 
 
2007 
Indictments: 51 
Persons indicted: 49 
Investigations leading to indictment: 31 
 
2008 
Indictments: 31 
Persons indicted: 31 
Investigations leading to indictment: 23 
 
¶24.  (U) Statistics released by the UNODC on February 12, 2009 
provide additional statistics on prosecutions, as follows: 
 
¶25. (U) Cases of trafficking in persons investigated by the Federal 
Police in Brazil, 2003-2007.  (Source cited: Federal Police 
databank.) 
 
2003: 55 
2004: 71 
2005: 118 
2006: 105 
2007: 109 
 
(Note: the Federal Police statistics cited above in paras. 37-42 
include only investigations leading to indictment, while data in 
paras. 38 and 44 are for all trafficking investigations regardless 
of whether they led to indictments.  End note.) 
 
¶26.  (U) Cases of trafficking in persons prosecuted as a result of 
Federal Police investigations in Brazil, 2003-2006. (Source cited: 
Federal Police databank.) 
 
2003: 7 
2004: 1 
2005: 12 
2006: 11 
 
¶27. (U) Cases of trafficking in persons investigated by State police 
in Brazil, 2003-2007.  (Source cited: ILO - Proteger e 
Responsabilizar study.) 
 
2003: 11 all international 
2004: 10 all international 
2005: 30; 9 international, 21 internal 
2006: 12; 11 international, 1 internal 
2007: 9; 8 international, 1 internal 
 
 
BRASILIA 00000250  006 OF 010 
 
 
¶28.  (U) Cases of trafficking in persons prosecuted as a result of 
State Police investigations in Brazil, 2003-2006.  (Source cited: 
ILO - Proteger e Responsabilizar study.) 
 
2003: 2 both international 
2004: 1 international 
2005: 18; 7 international, 11 internal 
2006: 23; 8 international, 15 internal 
 
¶29.  (U) Persons convicted in federal and state courts of 
trafficking in persons in Brazil, by gender, 2004-February 2008. 
(Source cited: Federal Police databank, Federal Justice system, and 
local courts.) 
 
2004: 7; 3 men, 4 women 
2005: 3; 2 men, 1 woman 
2006: 22; 12 men, 10 women 
2007 (through February 2008): 7; 3 men, 4 women 
 
¶30.  (U) Sanctions imposed by federal and state courts for 
trafficking in persons in Brazil (Source cited: Federal Police 
databank, Federal Justice system, local courts.) 
 
2004: 1-5 years, 6 sentences; 5-10 years, 1 sentence 
2005: 1-5 years, 3 sentences; 5-10 years, no sentences 
2006: 1-5 years, 8 sentences; 5-10 years, 14 sentences 
2007: 1-5 years, 2 sentences; 5-10 years, no sentences 
 
¶31.  (U) Cases of slave labor (Article 149 of the penal code) 
investigated by Federal Police in Brazil (2003-2007) (Source cited: 
Federal Police databank.) 
 
2003: 52 
2004: 130 
2005: 128 
2006: 117 
2007: 200 
 
¶32. (U) Victims of trafficking in persons identified by federal and 
state courts in Brazil during criminal proceedings, by age, 
2004-2007 Source cited: Federal and state courts.) 
 
2004: 14; 3 girls, 11 women 
2005: 9 women 
2006: 57; 5 girls, 52 women 
2007: 5 women 
 
¶33.  (U) Persons found in slave labor conditions by the Federal 
Mobile Group from the Ministry of Labor in Brazil, 2003-2007 (Source 
cited: Ministry of Labor) 
 
2003: 5223 
2004: 2887 
2005: 4348 
2006: 3417 
2007: 5975 
 
¶34.  (U) According to the Ministry of Labor, the Ministry's Mobile 
Groups had found 5,016 persons in slavery conditions in 154 
operations on 290 farms in 2008, compared with 85 operations in 
2005, 109 in 2006, and 116 in 2007.  According to the February 2009 
UNODC TIP report, all victims of slave labor identified by the 
Federal Mobile Group were citizens of Brazil and almost all of them 
were adult males. 
 
¶35.  (U) Apart from Article 149 cases (conditions analogous to 
slavery) consolidated TIP statistics for 2008 are unavailable. 
Statistics provided to the Mission by Federal Police show 50 persons 
arrested on international sex trafficking charges as of July 2, 
2008, while a press report (next para.) cited a total of 59 such 
arrests for all of 2008.  Mission has compiled some arrest and 
conviction information from information provided by the Federal 
Police, Public Ministry press releases and commercial media reports. 
 (Note: Mission notes an apparent gap in information for the period 
from May 2008 through January 2009 and cannot account for it End 
note.)   This information follows below: 
 
¶36.  (U) In 2008, Federal Police arrested 59 persons for 
 
BRASILIA 00000250  007 OF 010 
 
 
international trafficking in persons, nearly triple the number in 
2007, when they arrested 20 persons.  A Federal Police investigator 
told media the statistic does not necessarily represent an increase 
in trafficking, but since anti-trafficking legislation is still 
relatively new, it shows the police are confronting trafficking more 
broadly.  (Source: O Estado de Sao Paulo, Jan. 25, 2009.) 
 
¶37.  (U) Federal Police in Espirito Santo state broke up two 
international trafficking groups in April 2008 and charged 12 
persons with international trafficking.  In one case Federal Police 
charged four female members of the same family, with international 
trafficking in persons to Italy for prostitution, with possible 
penalties of three to eight years in prison and up to eight if the 
victim is a minor or a close relative of the trafficker. 
 
¶38.  (U) The second group of traffickers also was allegedly involved 
in trafficking of women to Italy, and involved five persons resident 
in Italy, including the group's head, a Brazilian woman; her 
companion, an Italian man; a Brazilian man; and a Brazilian women 
and a Brazilian national whose sex is not clear from the first name 
(Daniele).  In Brazil, the traffickers were two Brazilian women and 
a Brazilian man.  Brazilian authorities requested extradition of the 
Brazilians from Italy.  (Note: Federal Police statistics for this 
Operation, dubbed Treviso, cite 14 arrests, while later press 
reports and a Public Ministry releases cite 12.  Charges against two 
of the accused may have been dropped, or the Federal Police 
statistic is off by two.  End note.) 
 
¶39.  Federal Police arrested six persons in Mato Grosso and Goias on 
March 5, 2008, for international sex trafficking crimes in Operation 
Madrid.  One of the trafficking groups consisted of three women, one 
man, and the other, of two women. 
 
¶40.  On April 30, Federal Police arrested 18 persons in Operation 
Anjos do Sol in Eusebio, Ceara, and one person in Curitiba, Parana, 
on internal sex trafficking charges involving a hotel that was a 
front operation for a brothel. 
 
¶41.  On April 24, Federal Police arrested 11 persons in Sao Paulo 
city and state on charges that included international sex 
trafficking in Operation Santa Teresa. 
 
¶42.  (U) In January 2009 Federal Police in Goias state charged six 
persons with international sex trafficking from Brazil to 
Switzerland.  The accused are two Brazilian men, two Brazilian 
women, and two Swiss men.  Federal Police are asking the court to 
convict them under Article 231 (international sex trafficking) of 
the Brazilian Penal Code, as well as other offenses such conspiracy. 
 The case is pending. 
 
¶43. (U) In January 2009 the Federal Public Ministry in Rondonia 
state accused a Brazilian woman of trafficking in persons for 
illegally bringing four Chinese men into Brazil in December 2008. 
The Chinese were to have gone to Sao Paulo to work but were ordered 
expelled by authorities. 
 
¶44.  (U) In March 2008 a federal judge in Goias state convicted four 
persons on trafficking charges in a case involving trafficking of 
women to Spain and Portugal for prostitution.  Two women were 
sentenced to 66 months in prison and fined 6.4 times the minimum 
monthly salary, a man was sentenced to 72 months in prison and fined 
36 times the minimum monthly salary, and a fourth, also a man, was 
sentenced to 49 months in prison Press reports at the time noted 
that they were to remain free while appealing but the prosecutor 
would appeal the judge's decision to release them.  The 
investigation began in 2004 and they were arrested in 2005. 
 
¶45.  (U) In March 2008 a federal court in Goias state sentenced a 
Spanish man to 13 years in prison and fined him 535 months of 
minimum wage salary for international sex trafficking in 2005 and 
¶2006.  The court also ordered the seizure of all property he 
obtained in that period.  Three women were also convicted in the 
case.  One was sentenced to over 10 years in prison and fined 62 
months of minimum wage salary, another to 14 months in prison, and 
another to two years two months in prison.  Four women were 
acquitted. 
 
¶46. (U) In April 2008 a federal judge convicted 11 members of a 
 
BRASILIA 00000250  008 OF 010 
 
 
trafficking gang in Goias state to over 75 years in prison on 
international sex trafficking charges.  The gang consisted of two 
married couples, the daughter of one couple, and several female 
associates.  The nine women and two men in four Brazilian states 
were involved sex trafficking of Brazilian women to Spain, mainly 
through travel agencies they operated.  One of the women was 
sentenced to 12 years nine months in prison and fined 125 months of 
minimum wage salary, while her husband was sentenced to over nine 
years in prison and fined 83 months of minimum wage salary.  The 
other sentences were shorter. 
 
¶47.  (U) In April 2008 a court in Joacaba, Santa Catarina, sentenced 
two Brazilian men to prison for international sex trafficking in 
2001 and 2002 when they brought four Paraguayan women to work in a 
nightclub in Joacaba.  One man was sentenced to 13 years, five 
months, in prison, the other to 11 years, 10 months. 
 
¶48.  (U) Two Brazilian men were convicted in a federal court in 
Rondonia state on trafficking in persons charges in January 2009. 
They were charged in September 2008 after Federal Police arrested 
them for transporting eight Chinese who had entered Brazil illegally 
from Bolivia.  One of the Brazilians was sentenced to four years, 
two months, in prison on a false documents charge, and nine months, 
eight days, for bringing an illegal alien into the country.  The 
other man was sentenced to one year, eight months, in prison. 
 
¶49. (U) In slave labor situations, employers are usually fined but 
not criminally prosecuted, although the February 12, 2009, UNODC 
Global TIP Report says, "Of the cases investigated under the slave 
labor offence, a total of 11 were prosecuted by the federal court 
with no convictions" (p. 155). 
 
¶50. (U) According to the Trinational Study About Trafficking in 
Women from Brazil and the Dominican Republic to Suriname, Brazil had 
34,500 reports of slave work between 1996 and 2005 (sourced to the 
Pastoral Land Commission and ILO) and 5.1 million children and 
adolescents working in Brazil, which accounts for 5.7% of the total 
working population.  (Source cited: 2006 PNAD, the national sample 
survey of households.) The 2007 PNAD states that there was a drop in 
the number of working children between the ages of 5 and 15, ages at 
which work is illegal, from 2,934,000 million in the 2005 PNAD to 
2,718,000 in the 2006 PNAD.  (2007 PNAD, p. 126) 
 
Section F: 
---------- 
 
¶51. (SBU) The GOB made a very strong effort and devoted significant 
resources to provide updated training for law enforcement officials, 
diplomatic and consular officers, and public agents and court 
officials on TIP and associated legislation.  NGOs such as Reporter 
Brasil and the Association for the Defense of Women and Youth 
(ASBRAD, a shelter and assistance program for abused women and adult 
women and child TIP victims) often assisted in GOB training 
programs, as did the ILO, UNODC, and USAID. 
 
¶52.  (SBU) The Federal Police instituted an anti-TIP training 
program several years ago that focused on how to identify and 
investigate TIP cases.  That program continued with an added 
emphasis on internal trafficking, as required by modifications to 
Sections 231 and 231-A of the Penal Code. 
 
¶53.  (SBU) In mid-2006, the Federal Highway Police instituted an 
intensive training program in an effort to combat internal 
trafficking of persons more effectively.  During 2007, Federal 
Highway Patrol Officers in the cities of Brasilia, Sao Paulo, Natal, 
Belem, Teresina, Vitoria, Parana, Boa Vista, Sao Luis, Manaus, 
Maceio, and Macapa participated in anti-TIP training.  Class sizes 
of 60-95 officers ranking from junior patrolmen to senior inspectors 
participated in the two-day courses.  This training continued in 
2008, and Federal Police and ICE conducted joint training, including 
trafficking in persons, in 2008. 
 
¶54.  (SBU) The GOB gave anti-TIP courses to public prosecutors and 
court officials to update them on changes to legislation, in 
particular relevant sections 231 and 231-A.  In addition, the 
Ministry of External Affairs continued to provide TIP training to 
diplomatic and consular officials posted overseas to help them 
identify and assist TIP victims and facilitate their repatriation to 
 
BRASILIA 00000250  009 OF 010 
 
 
Brazil. 
 
¶55. (U) In November 2008 the GOB conducted a training seminar on 
trafficking in persons in Brasilia for an audience of 200, including 
Federal Police agents, Federal Highway Police, and others.  It 
included the participation of specialists from Italy, the 
Netherlands, Argentina, and Spain.  The Federal Police and the U.S. 
Immigration and Customs Enforcement (ICE) will conduct their first 
joint training program on trafficking in persons in April 2009 in 
Maranhao state. 
 
¶56.  (U) SNJ officials said trafficking in persons is included in 
training for police and judiciary officials under the National 
Program Skills Enhancement and Training for the Fight Against 
Corruption and Money Laundering (Programa Nacional de Capacitacao e 
Treinamento para o Combate a Corrupcao e Lavagem de Dinheiro - 
PNLD), an ongoing program that has been in existence since 2004. 
According to the MOJ, over 2400 agents (1000 since 2007) have 
completed some type of PNLD training.  On the MOJ website, TIP is 
one of the subjects in the PNLD money laundering course.  Mission's 
Resident Legal Adviser organized a training seminar in Espirito 
Santo state on combating child pornography immediately after 
President Lula signed the new child pornography law last November. 
Four hundred law enforcement agents, judges and prosecutors received 
information about the new law.  The seminar ensured that all parts 
of the justice sector were ready, able and willing to enforce the 
new law.  Speakers included the chairman of the Brazilian Senate 
investigative committee on child pornography and officials from the 
Departments of Homeland Security and Justice. 
 
Section G: 
---------- 
 
¶57.  (SBU) The Federal Police cooperated with the governments of 
Spain, Portugal, Italy, Canada, Switzerland, Mexico and the U.S. to 
investigate and prosecute TIP cases. The Federal Police cooperate 
with INTERPOL and foreign federal police agencies on international 
human trafficking cases.  The GOB has signed treaties providing for 
legal cooperation and assistance with 15 countries and similar 
agreements were being negotiated with other countries. While the 
actual number of cooperative international investigations on human 
trafficking is not available, the Federal Police continued to work 
with foreign countries to conduct anti-trafficking investigations. 
 
¶58.  (SBU) During 2008 Federal Police launched a number of 
operations to curb international trafficking.  The GOB was active in 
the last year in efforts to work with other governments to exchange 
information on potential trafficking networks and to establish 
procedures for the repatriation of victims. 
 
¶59.  (SBU) Brazil's leadership in the NINOSUR working group with 
Mercosur countries helped expand services along land borders to 
youth TIP victims.  The group has approved the USAID-developed 
service methodology as the model to be used in the expansion of the 
program.  In short, the program required that TIP victims be 
provided protection and social services on either side of the 
border, regardless of their nationality.  The Ninosur program is 
still ongoing in 2009. 
 
¶60.  (SBU) Brazil also worked in partnership with the International 
Labor Organization (ILO) on projects to educate other governments 
about trafficking for sexual exploitation from Brazil to their 
countries.  The partnership aimed to improve data collection and 
analysis about TIP for sexual exploitation and forced labor.  GOB 
law enforcement officials, notably the Federal Police, also worked 
closely with a number of their counterparts in Western European 
countries to identify and disrupt trafficking rings, free victims, 
and when possible repatriate them to Brazil.  This resulted in an 
increasing number of arrests of international traffickers on both 
sides of the Atlantic. 
 
Section H: 
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¶61. (SBU) The GOB cooperated with foreign governments to extradite 
non-citizens.  The Constitution prohibited the extradition of 
Brazilian citizens; this clause cannot be changed, even by 
Constitutional Amendment, because it is a "clausula petrea," (stone 
 
BRASILIA 00000250  010 OF 010 
 
 
clause) and therefore constitutionally protected from amendment. 
Naturalized citizens may be extradited if the offense occurred 
before naturalization.  Trafficking in persons offenses are not 
included in the U.S.-Brazil bilateral extradition treaty and as a 
result, were there to be such a case, Brazil would not extradite an 
American citizen on trafficking charges.  (Note: For the same 
reason, according to ICE, the United States would not extradite a 
TIP defendant to Brazil.  End note.)  With the exception of the 
Brazil-U.S. extradition treaty, all of Brazil's extradition treaties 
cover TIP since they state that when an act is a crime in both 
signatory countries the offense is extraditable, according to SNJ 
officials. 
 
Section I: 
---------- 
 
¶62.  (SBU) There was no evidence of institutional GOB complicity in 
human trafficking, according to SNJ, ICE, and Mission Internet 
searches. 
 
Section J: 
---------- 
 
¶63.  (SBU) There is no evidence to suggest government corruption 
exists in connection with trafficking, according to SNJ, ICE, and 
Mission Internet searches, but it is not clear whether corruption 
could be playing a role in the failure to prosecute more cases. 
 
SOBEL