Private Enforcement In order to overcome the potential resistance of government prosecutors and/or corruption, the law should include a private enforcement option. This would allow the victim or the victim's representative to, at a minimum, sue for damages or compel government prosecutors to undertake criminal prosecution or justify its refusal.
III. Enforcement
As noted in the US State Department report on trafficking,
current efforts at enforcement are inadequate. There have been a very
limited number of successful prosecutions and, as determined by
researcher for this project, many trafficking incidents are prosecuted
under other statutes. Finally, there are significant concerns about the
effect of corruption on trafficking enforcement.
Recommendations
Training In order to assure effective identification and
charging, Brazil needs to continue its current efforts to provide training
for the governmental agents (including police, judges and prosecutors)
charged with enforcement along with those social services providers
who are likely to discover trafficking victims.Research and Data Collection Trafficking cannot be
effectively addressed without adequate information about the range and
scope of activities. Enforcement agencies in coordination with civil
society organizations who have, to date, been among the most effective
monitors of trafficking, need to develop standardized methods for
identifying, collecting, coding and analysis of data on trafficking.
Coordination and Information Sharing Trafficking is a
multifaceted operation often covering multiple jurisdictions. Both in
terms of data collection and investigation and prosecution, the
government needs to encourage greater cooperation and collaboration
among enforcement agencies each of whom may only touch on or
interact with one piece within the larger chain of trafficking. This
would include immigration officials, labor officials, trade officials, the
highway patrol, and social services officials.
International Cooperation
Given the international dimensions of trafficking, Brazil needs to continue to develop and
enhance its relationships with international enforcement agencies (like
Interpol), international NGOs and the enforcement agencies of other
national governments that are the source or destination for trafficking
victims.
IV. Protection and Preventions
Brazil has initiated a number of programs since the completion
of research for this project to enhance protection and prevention
services. These have primarily focused upon public educations efforts
directed towards prevention and some service provider support in terms
of protection. These efforts have not specifically linked prevention to
socio-economic reform.
Recommendations
Socio-Economic Factors The Brazilian government has
undertaken a number of prevention measures. However, ultimately,
prevention will require the state to confront the fundamental underlying
socio-economic factors addressed above.
Civil Society To date, efforts to address trafficking have been
led by civil society actors. These organizations have promoted public
discussion, conducted research, monitored enforcement activities and
provided counseling, support and rehabilitation services for victims.
Brazil needs to continue to support and encourage the further
development of these resources. They must also seek to integrate these
organizations more closely within the enforcement network where
appropriate and or where such a relationship would not otherwise
compromise the civil society organization.
Cooperation and Collaboration A variety of programs exist in
civil society and government to address social problems directly or
indirectly related to trafficking, including programs against sexual
violence, and discrimination. The government should work with civil
society actors involved in these efforts to promote cooperation and
collaborated over shared concerns. Similarly, in terms of providing
remedial or rehabilitative services for the victims of trafficking, the
government should promote greater cooperation and collaboration
among social services agencies (both governmental and nongovernment)
to assure the adequate provision of these services.