Court condemns cabin administrator for subjecting elderly people to conditions similar to slavery in RS

The 1st Federal Court of Rio Grande, on the South Coast of Rio Grande do Sul, condemned an administrator of a hut located in Santa Vitória do Palmar for subjecting a 71-year-old man to conditions similar to slavery.

In a sentence published last week, judge Adérito Martins Nogueira Júnior noted that the victim lived in precarious housing, worked without days off and had not received payment for more than a decade.

The MPF (Federal Public Ministry) alleged that, in June 2022, an inspection was carried out on the rural property managed by the accused, at which time the situation to which one of his workers had been subjected since 2011 was caught. and “does everything”, did not have a formal contract or receive a salary.

According to the worker, at the beginning of his activities, he was promised a salary of R$400, which stopped being paid after two years, even if the employee carried out his activities every day, without the right to rest and vacations. The cabin administrator also prevented the victim from contacting family members and denied the elderly man’s request to leave the rural establishment. The complaint also alleged that the housing provided to the worker was unhealthy, without essential food and care, especially when the victim suffered an accident at work and had to spend days in bed.

In his defense, the cabin administrator argued that the elderly man, in reality, lived in the area, having been taken in by his grandfather. He claimed that the man locked his room whenever he left the place, which shows that the property was his home, and not employee accommodation. He maintained that he often took you to medical appointments in the city.

When analyzing the case, the judge noted that the police investigation attached to the case stated that the elderly man lived in a precarious facility, made up of two small rooms, without water, bathroom and furniture to store his belongings. At the time of the inspection, the worker had not performed his own personal hygiene for more than ten days due to being bedridden, finding himself forced to do his physiological needs in a bucket when he did not have the strength to reach the bathroom. The food in the house was contaminated by worms.

The magistrate also pointed out that the evidence, including the testimony of a police officer who participated in the inspection, revealed that the elderly man was suffering from such a level of malnutrition that he could die if help took longer and that he only stayed alive because a construction worker brought him food. During this period, the accused had been pressuring the victim to return to work.

According to the judge, in testimony, the victim confirmed the facts, adding that he worked caring for animals, maintaining the wires and cleaning the stables and that, four years before the inspection, he had already been instructed by the doctor to end his activities. labor. When asked why he had not left the place, the worker replied that he expected to receive amounts owed to him after years of work and the expectation of living in a house in the city, as the defendant had promised him.

The judge ruled the action was valid, sentencing the defendant to a sentence of three years and five months in prison and paying a 92-day fine. The custodial sentence was replaced by the provision of services to the community or public entity and the monetary payment of 20 minimum wages at the value in force at the time of payment. Appeal may be made to the TRF4 (Federal Regional Court of the 4th Region).