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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