Dissenting interpretations and forced labor: the relevance of case law standardization within Federal Regional Courts

Abstract

Based on the Supreme Federal Court’s recognition of general repercussions in the Extraordinary Resource nº 1.323.708/PA, this article contextualizes the relevance of case law standardization regarding the criminal definition of forced labor amongst Brazilian Federal Regional Courts. With this purpose, it compares the dissenting interpretations between the two Regional Courts with the highest number of forced labor lawsuits in Brazil. Through selected case studies, the main arguments of each interpretative branch regarding the legal asset protected by Article 149 of the Brazilian Penal Code are analyzed. Applying the aforementioned general repercussions, this article discusses the constitutional viability of legally defining degrading labor conditions as mere expressions of “rustic realities” in Brazil’s country zone. In conclusion, it argues that this interpretation results in a structural form of discrimination, which increases legal uncertainty and undermines constitutional fundaments of the Democratic State of Law, such as human dignity and the social values of labor.