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13 Duke J. Const. L. & Pub. Pol'y 1 (2017-2018)

handle is hein.journals/dukpup13 and id is 1 raw text is: HOW DOES THE LAW PUT A HISTORICAL ANALOGY TO WORK?: DEFINING THE IMPOSITION OF A CONDITION ANALOGOUS TO THAT OF A SLAVE IN MODERN BRAZIL REBECCA J. SCOTT, LEONARDO AUGUSTO DE ANDRADE BARBOSA, CARLOS HENRIQUE BORLIDO HADDAD' INTRODUCTION Over the last decades, the Brazilian state has engaged in concerted legal efforts to identify and prosecute cases of what officials refer to as slave labor (trabalho escravo).2 At a conceptual level, the campaign has paired the constitutional protection of human dignity Copyright © 2017 Rebecca J. Scott, Leonardo Augusto de Andrade Barbosa, Carlos Henrique Borlido Haddad. 1. Rebecca J. Scott is Charles Gibson Distinguished University Professor of History and Professor of Law, University of Michigan, Ann Arbor, Michigan; Leonardo Augusto de Andrade Barbosa is staff attorney at the Brazilian Chamber of Deputies and Professor of Law in the masters program in public policy of the Brazilian Congress, Brasilia; Carlos Henrique Borlido Haddad is Federal Judge on Brazil's First Circuit and Professor of Law at the Federal University of Minas Gerais, Belo Horizonte, Minas Gerais. Haddad sat as a federal judge on the bench in the district of Marab6 between 2006 and 2010 and adjudicated several dozen cases in which the defendants were charged under criminal law with having subjected workers to conditions analogous to slavery. In that capacity, he also issued a procedural decision in an early case related to Fazenda Brasil Verde. Rebecca Scott acknowledges the generous support of the William W. Cook Endowment of the University of Michigan Law School. 2. We thank Agostina Allori, Kate Andrias, B6n6dicte Bourgeois, Bridgette Carr, Sueann Caulfield, Guy-Uriel Charles, Mariana Dias Paes, Lilia Finelli, Keila Grinberg, Jean M. H6brard, Silvia Hunold Lara, Beatriz Mamigonian, Christopher McCrudden, Darrell H. Miller, Nuala Mole, Lfvia Miraglia, Cristiano Paixio, Peter Railton, and Vladislava Stoyanova for discussions of these issues, though they are by no means responsible for any flaws in the interpretations advanced here. Priya Khangura (J.D. Duke Law, 2017) provided extraordinary research assistance. We also thank the organizers of and participants in the 2016 meetings of SELA (the Seminario en Latinoam6rica de Teorfa Constitucional y Polftica, convened by Yale Law School and held in Havana), and the participants in faculty workshops at Duke Law School and the University of Michigan Law School, events at which we presented our preliminary findings.

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