Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Migration for Employment Convention (Revised), 1949 (No. 97) - Brazil (Ratification: 1965)

The Committee notes the information supplied by the Government.

Migrant workers in the MERCOSUR

With reference to the allegations of the Unique Workers Central (CUT) concerning the working conditions of Brazilian workers recruited by Brazilian employment agencies to work on construction sites in Argentina (La Plata and Quilmes), the Committee notes that the Government indicates that government investigations carried out on the spot have shown that the Brazilians worked in correct and adequate conditions. The Government adds that in the light of these results the CUT has withdrawn its observations.

The Committee requests the Government, in accordance with the provisions of Article 1(b) of the Convention, to continue to supply information on the movement of migrant workers and on any difficulties confronting them in their living and working conditions.

The Committee also notes the Government's statement to the effect that, despite increased flows of workers between the countries of the Southern Cone Common Market (MERCOSUR) and the concern expressed on this matter by governments and trade union organizations, to date there is no explicit form of cooperation between the immigration services of the region; each country administers its immigration services independently, in accordance with labour legislation. According to the Government, however, this matter will be discussed in MERCOSUR Subgroup 11, which deals with the employment and labour aspects involved in implementing an agreement. Furthermore, the Committee notes that the authorities concerned are studying, within the MERCOSUR framework, how to conclude an agreement allowing free circulation of persons among the member States with a view to implementing it in the year 2006.

The Committee requests the Government to continue to supply any information on the development of cooperation with the other members in regard to employment and migration services and, particularly, the results of the work done by MERCOSUR Subgroup 11, in application of Articles 6 and 10 of the Convention.

Misleading advertising

The Committee notes from the Government's report that the Brazilian legal system contains many constitutional and legislative provisions intended to suppress the various forms of misleading advertising, including those used in recruitment and employment of migrant and other workers. The Government refers specifically to the federal Constitution, which lays down in article 5, XIV, the right of access to information for all and provides legal measures to protect citizens against advertising of products, practices and services harmful to health or the environment (article 220, II). The Penal Code classifies deception among the offences set out in sections 206 and 207. The Government adds that, in order to solve the problem, the Ministry of Labour has taken measures to strengthen labour inspection of employment agencies in order to stamp out the practice of cheating workers with false promises.

The Committee requests the Government to supply copies of the labour inspection reports on the campaign against misleading advertising and on the penalties imposed on the authors or circulators of misleading advertising concerning emigration or immigration.

The Committee also draws the Government's attention to other points raised in a direct request.