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Between blame and victimization processes: the (ir)relevance of women's consent to characterize the crime of human trafficking for sexual exploitation

Grant number: 18/02101-2
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): October 01, 2018
Effective date (End): November 30, 2019
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal Investigator:Paulo César Corrêa Borges
Grantee:Luiz Henrique Garbellini Filho
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil
Associated scholarship(s):18/23252-9 - Between subversion and subjection: the problematic of consent to trafficking of woman to sexual exploitation, BE.EP.IC

Abstract

The research project has as its fundamental scope to analyze the relevance or irelevance of the consent of the victim or the possible victim in the characterization of the crime of trafficking in persons for the purpose of sexual exploitation, considering that, notwithstanding the advent of Law no. 13,344 / 2016, which modifies criminal legislation to combat this crime, there is a lack of doctrinal and jurisprudential consensus on the pertinence of consent. In this aspect, the first stage of the investigation will be based on the studies on the new art. 149-A, seeking to understand the criminal combat to this crime in Brazil, based on studies on Criminal Law and Criminal Policy. Subsequently, the subject of consent will be located in the Theory of Crime, in order to understand how articulates such a cause of exclusion of criminality, according to the proposed theoretical reference. However, the use of criminal law and criminal policy alone would be ineffective in understanding, in depth, the issue of consent of trafficked women, which requires a multidisciplinary scientific research behavior in the third stage of the research. In this area, due to the capistalist, eurocentric and macho macrossociological context in which this form of trafficking is inserted, the research will promote an intersection between the consent of the trafficked woman and the vulnerability present in the social sphere, within an interdisciplinary perspective, with support Sociology and Critical Theory of Human Rights. Finally, the fourth and final stage of the research refers to an empirical study on the value conceptions that surround the question of the consent of these women, based on judgments of TRF-3ª Region. Thus, considering that the action of the legal phenomenon reproduces socio-cultural constructs, the reaserch will discuss, with the support of Critical Criminology and Feminist Criminology of the "Third World", whether the criminal-legal system foments or inhibits gender-based violence, when it articulates the trafficked woman as victim or as responsible for its trafficking for sexual exploitation, within a juridical-social position that weighs the freedom and the sexual dignity of the woman and that reproduces moralistic and prejudiced mechanisms of social regulation. For scientific investigation, face of bipolarities between theory and practice in the field of human rights, the dialectical method will be used to ascertain if the issue of the woman's consent to characterize the crime of trafficking in persons for sexual exploitation is in line with concordance or dissonance of the recognition of emancipatory gender discourses and practices in the context of sociability and Criminal Justice System itself. The method chosen will allow the understanding of the relation between law and cultural and social constructs, and will make it possible to criticize the insufficiency of the juridical phenomenon in the face of the minimal thesis of criminal law and the valorization of feminine emancipation in the discourses and practices of the agents of the Criminal Justice. Thus, under the lens of the dialectical method, it will be possible to better understand the patriarchal relations reproduced within the social and legal systems on the subject of consent, in order to reach a synthesis: propose answers and solutions to the concerns associated with these debates.