Prostituição: direito penal e dignidade sexual

Abstract

The sex trade, with emphasis on female prostitution, is still in a context of marginalization, indifference and lack of knowledge. Prostitution is a complex phenomenon, although treated as unique and linear by Brazilian legislation, there are several reasons for entering the activity. However, Criminal Law treats prostitution like sexual exploitation. The Penal Code criminalizes any form of third-party intermediation, even if absent violence, coercion or fraud, since it understands prostitution to be an act that undermines the sexual dignity of the human person. Among the inconsistencies in Brazilian legislation is the fact that prostitution is considered an occupation by the Brazilian Classification of Occupations. This research, through the analysis of the criminal policy system adopted in Brazil, in relation to prostitution, as well as the reports of women who work in the sexual trade, prepared by different areas of knowledge, proposes a reflection on the equivalence of prostitution as a form sexual exploitation. In addition to reflecting on the existence of a criminally relevant legal asset that can give legitimacy to bills for the criminalization of prostitutes and clients.