Entre os fios do sudário de Penélope: as justiças de gênero no enfrentamento ao tráfico de pessoas no Brasil

Abstract

This work analyses the dimensions of gender justice in the context of the development of public policies to combat international trafficking in persons (IPT) adopted by Brazil in the 21st century. In the context of policies, the outline of the Sustainable Development Goals that would guide specific actions linked to improve the living conditions of women. We add, as a problem, the framework of the IPT by Brazil and its responses to international pacts committed to international. Methodologically, we located literature relevant to the theme, confronting technique and politics, contradictions and general elements that prevail in the arguments. Then, a series of national and international reports, programs, projects; policies and databases were articulated to build an analytical thread in order to demonstrate reading from confrontations. We start from justice as relational foundations and criteria of equity, equality and inequalities and gender in a relational perspective of roles, perceptions, practices and norms as the two premises. With these assumptions, we organize four basic hypotheses: 1) H0, where gender justice does not develop; 2) H1, in which coping actions permeate the ITP push factors; 3) H2, in which coping actions permeate the TIP pull factors; 4) H3, in which coping actions permeate the TIP push and pull factors in parallel. The H0, H1 and H2 were duly tested and refuted from the proposals and analysis of the data obtained. H3 cannot be refuted or affirmed, as they aggregate push and pull factors in an inverse way to the readings about Martha Nussbaum's Approach to Capabilities and Seyla Benhabib's Jusgenerativity. We base this argument on three levels: political, legal and institutional. The political plan mobilizes the figure of the victim of human trafficking and vulnerability. The normative plan guides vulnerability in a repressive-consequential system in the TIP based on Criminal Law that produces subjects of injustice. The institutional plan, on the other hand, argumentatively reorients the fight against human trafficking in the light of international human rights conventions via a preventive-causal system. The three plans combine an exhausted process of debate that delimits vulnerability as an end in itself and prevents the logic of capabilities and the postulation of concrete human rights violations. In both, there is an inversion of capacities and jusgenerativeness. In terms of global justice, the “local” does not reconcile with the “global” and the “abstract” does not weigh the “concrete”. Therefore, we redirected the H3 to an H4 that could be tested in new studies on human trafficking in Brazil. In this hypothesis, on one or the other front (pull or push factors) gender justice in the fight against human trafficking in Brazil would tend to be less favourable to women when we ask which women, objective living conditions, social and racial markers, territories and equality parameters are related at the political, legal and institutional levels.