Human rights in Brazil include the right to life and freedom of speech; and condemnation of slavery and torture. The nation ratified the American Convention on Human Rights. The 2017 Freedom in the World report by Freedom House gives Brazil a score of "2" for both political rights and civil liberties; "1" represents the most free, and "7", the least.
However, the following human rights problems have been reported: torture of detainees and inmates by police and prison security forces; inability to protect witnesses involved in criminal cases; harsh conditions; prolonged pretrial detention and inordinate delays of trials; reluctance to prosecute as well as inefficiency in prosecuting government officials for corruption; violence and discrimination against women; violence against children, including sexual abuse; human trafficking; police brutality; discrimination against black and indigenous people; failure to enforce labour laws; and child labour in the informal sector. Human rights violators often enjoy impunity. According to UNESCO, "Brazil promotes a vast array of actions for the advancement and defense of human rights, even though it faces enormous social and economic inequalities".
Slave labor and labor exploitation
Slavery is illegal in Brazil. Slavery and labor situations like depression era company towns still exist in remote areas in Brazil like the Amazon (a fictional portrayal of such a town occurs in The Rundown). "Debt slavery" (where workers are forced to work to pay an ever-increasing debt) still exists in some rural areas, though it is illegal and the government actively fights against it. The "debt slavery" is particularly worrying in large sugar cane farms, since sugar cane is a raw material for ethanol, a product that the Brazilian government is currently actively encouraging the production and research of.
In 2014, Brazil is still classified in a U.S. Department of Labor report as one of the 74 countries that still employ children and slave laborers within the informal working sector. A List of Goods Produced by Child Labor or Forced Labor issued within the report shows 16 products including cotton, cashews, pineapples, rice and sugarcaneList of Goods Produced by Child Labor or Forced Labor corresponding to the country of Brazil.
Human rights abuse isn't limited to just the local population but to foreign domestic workers as well. In 2017, a Philippines national was found in conditions of Modern slavery working for a Brazilian family.
Domestic violence
On August 7, 2006, Brazilian President Luiz Inácio Lula da Silva signed a law on domestic and family violence against women in Brasília.
Ethnic minorities
Although the law prohibits racial discrimination, darker-skinned citizens, particularly Afro-Brazilians, frequently encountered discrimination. The law specifically prohibits denial of public or private facilities, employment, or housing to anyone based on race. The law also prohibits, and provides jail terms for, the incitement of racial discrimination or prejudice and the dissemination of racially offensive symbols and epithets. Afro-Brazilians, representing almost 7% of the population, were significantly underrepresented in the government, professional positions, and the middle and upper classes. They experienced a higher rate of unemployment and earned average wages approximately half those of a white person. There was also a sizeable racial education gap. In February in a government report to the UN, SEDH acknowledged the existence of racism in the country but stated that the government took and was taking affirmative actions to reduce it, including university admission quotas for Afro-descendants.
Major public universities in the Federal District and the states of São Paulo, Rio de Janeiro, Paraná, Mato Grosso, Minas Gerais, Espírito Santo, Bahia, and others maintained affirmative action programs. For instance, the University of Brasília set aside 25 percent of its first-year 2007 vacancies for self-declared students of color. According to a study from Rio de Janeiro Federal University released in January, approximately half of the public federal and state universities had a quota system or an exam bonus.
The law grants the indigenous population broad rights, including the protection of their cultural patrimony and the exclusive use of their traditional lands. Although multiple problems existed, the government made limited progress in securing these rights. The National Indigenous Foundation (FUNAI) estimated that there were 460,000 indigenous persons in 225 societies on indigenous lands and an additional 100,000 to 190,000 indigenous persons living outside these areas, including in urban environments. According to the Ministry of Education, 20 state and federal universities continued to reserve entrance slots for indigenous persons. The number of indigenous university students, almost 5,000 or approximately 1 percent of total university students, remained unchanged.
Women's rights
Women have the same legal rights as men. A cabinet-level office, the Secretariat for Women's Policy, oversees a special entity charged with ensuring the legal rights of women. Although the law prohibits discrimination based on gender in employment and wages, there were significant wage disparities between men and women. According to the Ministry of Labor and Employment (MTE), women were often paid less than men in the same functions.
The law provides 120 days of paid maternity leave to women and seven days of paternity leave to men. The law also prohibits employers from requiring applicants or employees to take pregnancy tests or present sterilization certificates, but some employers sought sterilization certificates from female job applicants or tried to avoid hiring women of childbearing age. Violations of the law are punishable by jail terms of up to two years for employers, while the company may be fined 10 times the salary of its highest-paid employee.
Prostitution is legal, but exploiting it through associated activities, such as operating a brothel, is illegal. While no specific laws address sex tourism, it is punishable under other criminal offenses, and there was a government-released "code of conduct to combat sex tourism and sexual exploitation" and government-conducted campaigns in the most affected areas.
The Federal District and the states of Pernambuco, Espírito Santo, Amazonas, and Paraná enacted laws requiring certain businesses to display signs listing the penalties for having sexual intercourse with a minor. Rio de Janeiro and Bahia states had similar legislation. Women's groups reported that prostitutes encountered discrimination when seeking free medical care. Trafficking of women for the purpose of prostitution was a serious problem.
Each state secretariat for public security operated "delegacias da mulher" (DEAMs), police stations dedicated exclusively to addressing crimes against women, for a total of 415 countrywide. The quality of services varied widely, and availability was particularly limited in isolated areas. For example, the North and Northeast regions, which contained approximately 35 percent of the country's population, possessed only 24 percent of the country's DEAMs.
The stations provided psychological counseling, temporary shelter, and hospital treatment for victims of domestic violence and rape (including treatment for HIV and other sexually transmitted diseases) as well as criminal prosecution assistance by investigating and forwarding evidence to courts. There were also 123 reference centers and 66 women's shelters.
In Rio de Janeiro, the city's Rio Women Program provided assistance to female victims of domestic violence who received death threats. When necessary, victims were sent to specific shelters, which also provided psychological and legal aid. In addition to the Women Program, victims of domestic violence could obtain assistance at the Center for Women's Support, an initiative of the Rio de Janeiro state government that offered a complaint hot line, shelters, and psychological and legal aid.
The law requires health facilities to contact the police regarding cases in which a woman was harmed physically, sexually, or psychologically in order to collect evidence and statements should the victim decide to prosecute. Sexual harassment is a criminal offense, punishable by up to two years in prison. The law encompasses sexual advances in the workplace or in educational institutions and between service providers or clients.
In the workplace it applies only in hierarchical situations, where the harasser is of higher rank or position than the victim. Although the law was enforced, accusations were rare, and the extent of the problem was not documented.
Prisoner violence
The Brazilian prison system has been considered insolvent for a long time. Prisons are overcrowded and unhealthy, and prison rape is not uncommon. There are over 400,000 inmates in the system. Beatings, torture and killings by prison guards occur throughout the system. Children are abused in the juvenile justice system. According to the Ministry of Justice, 13,489 teenagers are in detention. Prison overcrowding results in a prominent occurrence of prison violence and murder as well as frequent revolts and escapes. To deal with these problems, prison administrations often divide prison populations according to gang affiliation. According to Global Justice, there have been claims of gang affiliation being assigned. Living space, food, and human cleanliness conditions are inhumane and bribery for privileges and transfers is rampant. In December 2007, a case of prison gang rape in Pará brought media attention to the condition of human rights in the Brazil prison system. Other cases, like of the beating of two young suspects by two military police officers from the 4th Battalion in the city of Picos, Piauí, have also made the headlines.
Prison conditions throughout the country often range from poor to extremely harsh and life-threatening. Abuse by prison guards, poor medical care, and severe overcrowding occurred at multiple facilities. Prison officials often resorted to brutal treatment of prisoners, including torture, harsh or dangerous working conditions, official negligence, poor sanitary conditions, abuse and mistreatment by guards, and a lack of medical care led to a number of deaths in prisons. Poor working conditions and low pay for prison guards encouraged widespread corruption. Prisoners who committed petty crimes were held with murderers. According to the National Penitentiary Department, in June there were 392,279 prisoners incarcerated, 40 percent more than the system's design capacity, and the number increased approximately 3,000 per month. During the year 135 prisoners were involved in riots from January to June in federal prisons. There were several official complaints of overcrowding in Goiás, Rio de Janeiro, São Paulo, and Minas Gerais states.
Summary executions and police violence
Police violence is one of the most internationally recognized human rights abuses in Brazil. The problem of urban violence focuses on the perpetual struggle between police and residents of high crime favelas such as the areas portrayed in the film City of God and mainly Elite Squad.