Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Migration for Employment Convention (Revised), 1949 (No. 97) - Brazil (Ratification: 1965)

Article 1 of the Convention. The Committee notes the Government’s indication that Bill No. 5655 of 2009, establishing a new system for migration and amending the mandate of the National Immigration Council, has been forwarded to the Congress. The Government indicates that the broadening of the Council’s mandate seeks also to cover Brazilian workers who emigrate, and that the measure was submitted for consultation within the Council, which is tripartite, as well as for public consultation. The Government adds that up to 2008, there was an increasing flow of emigrants; however, due to the current financial crisis, the situation has reversed, with an increase currently being observed in the return of Brazilian nationals who lived outside the country. The Government indicates that it gives special attention to measures to assist Brazilian nationals who had emigrated to return to the labour market. The flow of migrants into Brazil has also increased considerably. The Committee also notes that in 2008 the National Immigration Council organized a tripartite dialogue on public policies on migration for employment, which gave rise in 2010 to a proposal for a national policy on immigration and the protection of migrant workers, which forms the basis of the work of the Council and is currently being submitted to the federal Government for the possible adoption of a presidential decree. The Committee also notes the standards adopted by the Council regarding temporary and permanent work permits, and particularly the decision granting permanent work visas to Haitian nationals. The Committee requests the Government to continue providing information on the progress in examining Bill No. 5655 of 2009, establishing a new migration system and revising the mandate of the National Immigration Council, and on the adoption of the national policy on immigration and the protection of migrant workers, the specific measures adopted under the policy and their impact. The Committee also requests the Government to continue providing information on the decisions adopted by the National Immigration Council.

Article 1(c). Information on general agreements and special arrangements. The Government indicates that, by means of Decree No. 6975 of October 2009, the residence agreement entered into force for nationals of the member States of MERCOSUR, the Plurinational State of Bolivia and Chile, which gives full access to the labour market for citizens of those countries. Since 2011, citizens of Peru and Ecuador have also been granted the same benefits (Decisions Nos 04/11 and 21/11), which were also extended to Colombia in 2012. The workers covered by the agreement can obtain work permits and social benefits. Under the terms of standard-setting instruction No. 111 of 2010, they can also register enterprises. Measures are currently being taken for the certification of the education diplomas obtained in other MERCOSUR countries. Since 2010, a total of 32,760 immigrants have been granted residence. The Committee also notes the full statistical information available on the website of the National Immigration Council concerning workers from MERCOSUR, other South American countries and the rest of the world. The Committee requests the Government to continue providing information on the general agreements and special arrangements concluded, their application in practice and the difficulties encountered in their implementation, and particularly on any agreement concluded in the framework of the MERCOSUR, including on the Regional Labour Inspection Plan, the Multilateral Social Security Agreement and any progress in the amendment of the socio-labour declaration referred to in the previous report.

Articles 2, 4 and 7. Adequate and free services and measures to facilitate the migration process. The Committee notes the Government’s indication that various measures have been adopted to provide guidance and information to Brazilian workers abroad, such as the publication of various information brochures (also available on the Internet), including the brochure for workers wishing to find work in any MERCOSUR country, the organization of information weeks in the countries of destination of Brazilian migrant workers and the establishment of migrant houses in frontier areas. The Secretariat for Women’s Policies has also participated in these projects, in light of the significant number of complaints of abuse, violence and exploitation against migrant women. In this respect, and with a view to the protection of these women, the National Immigration Council has adopted specific measures and included a heading on this subject in its national policy. A special working group on migration and gender has also been established and a telephone number created to receive complaints from Brazilian women in Italy, Portugal and Spain. The Committee further notes the Government’s indication that various decisions have been adopted to make migration law simpler and more coherent with a view to facilitating the travel and arrival of migrant workers. The Government adds that the procedure for the ratification of the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, 1990, is before Congress. Moreover, taking into account the number of workers returning from abroad, an Information and Support Unit for Brazilians returning from Abroad was inaugurated in 2011, with a view to assisting them to obtain employment, particularly the approximately 100,000 Brazilian nationals who have returned from Japan since 2009. The Committee requests the Government to continue providing information on the specific measures adopted with a view to the protection of Brazilian workers who migrate abroad, and particularly the measures intended to prevent abuse and exploitation of and violence against women migrant workers. The Committee also requests the Government to indicate the activities undertaken by the special working group on migration and gender that has been established, and on progress in the ratification of the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, 1990. Please also provide information on the assistance measures provided for immigrant workers and returning migrant workers, including the number of workers benefitting from such assistance and the economic sectors in which they work.

Article 3. Misleading propaganda. The Government indicates that, according to the information provided by the Federal Public Prosecutor, the application of section 206 of the Penal Code, which criminalizes the recruitment of workers through the use of fraud with the objective of taking them abroad, has resulted in more police procedures than court actions. In the cases analysed, it was found that, although there were contracts for the provision of services, advertisements in the media, wage receipts and information on the enterprise in which they worked, in practice, once they had arrived at their destination, the workers were subjected to debt servitude under inhuman conditions. The Government provides specific examples of court action on this subject, which gave rise to prison sentences and fines for those responsible. The Committee requests the Government to continue providing information on the measures adopted with a view to preventing migrant workers from becoming victims of misleading propaganda, the prosecutions and administrative measures initiated against those making use of misleading propaganda to recruit migrant workers, and the penalties imposed. Please provide information on any specific cooperation measures adopted with other States.

Article 6. Equality of treatment. The Government indicates that only the Federal Union can discuss working conditions and establish rules applicable to all the states in the Federation. The Government adds that as foreign workers in Brazil have the same rights and duties as nationals, the administrative authorities, including the labour inspectorate and the Office of the State Labour Prosecutor, as well as the judicial authorities, have extended to foreign workers, including those in an irregular situation, the same rights as to Brazilian workers. The Government provides examples of decisions on this matter by the Higher Labour Tribunal and the labour inspectorate. The Committee emphasizes in this respect the decision by the labour inspectorate concerning the joint responsibility of the enterprise hiring the worker and the enterprise providing the service in relation to migrant workers for whom the rights set out in the law had not been respected. The National Immigration Council, through its National Immigration Policy and the Protection of Migrant Workers, provides for the same rights for national and migrant workers, without discrimination on grounds of gender, race, political opinion, national extraction, ethnic or social origin, nationality, age, economic position, wealth or civil status. Workers who have permanent residence are able to participate in the programme “My home, my life”, through which they can gain access to low-cost financing for housing. Furthermore, according to the information provided by the Government, the Charter for Foreign Nationals (Act No. 6815/80) is still under examination. The Government adds that, immediately following the adoption of the Domestic Workers Convention, 2011 (No. 189), the Government set in motion the procedures for its ratification and the National Immigration Council issued an explanatory brochure for women workers. The Committee requests the Government to continue providing information on the specific measures adopted under Article 6 of the Convention and their impact in practice in achieving equality of treatment between migrant workers who are lawfully within its territory and its own nationals, particularly in the context of the organization of the next Football World Cup. The Committee also requests the Government to provide information on developments in the reform of the Charter for Foreign Nationals (Act No. 6815/80). Please also continue providing information on the measures adopted in relation to women migrant domestic workers, and progress in the ratification of Convention No. 189.

Annex I. Private employment agencies. The Committee notes the Government’s indication that in 2010 the Ministry of Labour prepared a draft Presidential Decree issuing regulations to give effect to Annex I of the Convention, which are still with the Office of the President. The Committee requests the Government to continue providing information on developments in the procedure for the approval of the Presidential Decree to issue regulations under Annex I of the Convention.

Practical information. While noting the statistical information provided, the Committee requests the Government to take the necessary measures to ensure that statistical data is disaggregated by sex and economic sector. Please also continue providing information on any administrative or judicial procedures relating to the application of the Convention and on the activities of the labour inspection services in this regard.