Trafficking international people and prostitution:
paradoxes between the Protocol of Palermo and the Brazilian Penal Code in relation to the consent
DOI:
https://doi.org/10.46901/revistadadpu.i09.p%25pKeywords:
Trafficking in persons. Prostitution. Consent. Brazilian Criminal Law.Abstract
The consent of a victim is a central issue in any discussion of international trafficking in persons for prostitution. Several international conventions, notably the 1933 and 1949, considered irrelevant acquiescence of those who migrate to whoring. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, adopted in 2004, breaks with that tradition. This treaty considers relevant the free consent of the people who migrate to perform sex work, when they are over eighteen years of age and are not in a vulnerable situation. In this paper, however, it is demonstrated, through comparisons with international law, that the Brazilian criminal law ignores completely the victim’s consent in the trafficking in persons. Thus, there is a loss of focus of anti-trafficking policies, which are converted into mere controls the mobility of sex workers.
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