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| Author(s): |
Renato de Almeida Oliveira Muçouçah
Total Authors: 1
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| Document type: | Doctoral Thesis |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) |
| Defense date: | 2013-04-03 |
| Examining board members: |
Enoque Ribeiro dos Santos;
Alexandre Walmott Borges;
Francisco Gérson Marques de Lima;
Ronaldo Lima dos Santos;
Renato de Mello Jorge Silveira
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| Advisor: | Enoque Ribeiro dos Santos |
| Abstract | |
Despite the act of prostitution is already known long ago in human history, Brazil has failed until the present date to provide an appropriate answer to this social question. The legislation allows considering prostitution in itself a lawful act, but criminalizes - only because of moral reasons the activities inextricably linked to it. The research found theoretical foundation in multidisciplinary bibliographic material available on the subject. Also the oral history method was used, based on the theory of social representations of Henri Lefebvre, to know the daily life and working conditions of sex workers. After the historical analysis of the sex trade, permissive and prohibitionist regulations that existed throughout the history, it was possible to understand the stigma that the work and its workers face until today. Presented these issues, the crimes under the Brazilian law related to prostitution were analyzed and collated with the fundamental rights of the human person. The social movements of sex workers around the world were examined, as well as the proposed solution to the social issue of sex work by several countries, including the United States of America (and particularly the state of Nevada), New Zealand, Netherlands, Germany, among others. The bills of the last decade on the field of professional regulation of sex workers were also analyzed, and pulled from them important concepts for the analysis of sex work in Brazil, the one exercised by women, men or transvestites. This differentiation into three categories in the survey conducted was important for the understanding of certain peculiarities existing in each typology of prostitution, which can manifest itself in multiple ways. In line with the penal theory of the juridical interest, the criminal types that existed on the Brazilian Penal Code of 1940 were analyzed, which actually demonstrate that they do not protect any legitimate interest, moreover, in its practical application, these legal commands disrespect several fundamental rights of the sex worker, exposing he or she to discriminatory and anti-juridical situations (if compared with other workers). Within the systemic understanding of the Brazilian Constitution and its principles, especially the individual fundamental and social rights, we conclude for the unconstitutionality of existing legal devices in Articles 227 to 231-A of the Brazilian Penal Code, although in some cases there is partial unconstitutionality. The criminal protection should be given only when there is sexual exploitation, such as the reform of 2009, without much success, tried to accomplish. Finally, in the analysis of the legal concept work, we concluded that the sex worker does, indeed, work, whose development may take place just independently. Only adult prostitution was analyzed and was the target of our conclusions. This time we seek to propose a new vision about sex work, more inclusive, that aims to give basic rights to this working class that already exists for centuries. (AU) | |