Post by forum244 on Oct 20, 2023 22:50:02 GMT -5
The exploitation of vulnerable individuals or those belonging to a minority has always been present in society. Currently, one of the most common forms of exploitation is sexual and occurs mainly against women and through the crime of human trafficking.
The trafficking of women for the popular database purpose of sexual exploitation is one of the most attractive criminal activities today. This is because, in addition to its great profit, it is a crime that is difficult to discover and report.
It is estimated that trafficking generates around 32 billion dollars a year and that the number of people trafficked, according to the International Labor Organization (ILO), is 800 thousand annually.
International Legislation
Policies on human trafficking gained strength from the year 2000, with the creation of the Protocol for the Prevention, Repression and Punishment of Human Trafficking, popularly known as the Palermo Protocol, the main international legal apparatus on the subject and the great framework for regulating this crime.
The aforementioned Protocol emerged from the United Nations Convention against Transnational Organized Crime, approved by the General Assembly of the United Nations (UN) in November 2000.
The concept of human trafficking in the Protocol is provided for in its article 3, paragraph “a”. In paragraph “b”, it adds that the consent given by the victim will be considered irrelevant if there is any of the types of addiction provided for in paragraph “a”.
National Legislation
In Brazil, regulation occurs through article 149-A of the Penal Code, which defines human trafficking as follows:
Art. 149-A: Agency, enticement, recruitment, transport, transfer, purchase, accommodation or shelter of a person, through serious threat, violence, coercion, fraud or abuse, with the purpose of: (…) V – sexual
exploitation
.
It should be noted that for the crime of human trafficking to exist, there must be the presence of some defect in consent, that is, there must have been a serious threat, violence, coercion, fraud or abuse, as provided for in the caput of the article . If there is no vice, the consent given by the victim is valid, mischaracterizing the crime.
However, it wasn't always that way. The previous wording of the Penal Code did not include consent defects as part of the concept of crime, only as causes for increased punishment. Thus, the victim's consent was always irrelevant and disregarded in any context, as the existence of defects was not necessary for the crime to be characterized.
The trafficking of women for the popular database purpose of sexual exploitation is one of the most attractive criminal activities today. This is because, in addition to its great profit, it is a crime that is difficult to discover and report.
It is estimated that trafficking generates around 32 billion dollars a year and that the number of people trafficked, according to the International Labor Organization (ILO), is 800 thousand annually.
International Legislation
Policies on human trafficking gained strength from the year 2000, with the creation of the Protocol for the Prevention, Repression and Punishment of Human Trafficking, popularly known as the Palermo Protocol, the main international legal apparatus on the subject and the great framework for regulating this crime.
The aforementioned Protocol emerged from the United Nations Convention against Transnational Organized Crime, approved by the General Assembly of the United Nations (UN) in November 2000.
The concept of human trafficking in the Protocol is provided for in its article 3, paragraph “a”. In paragraph “b”, it adds that the consent given by the victim will be considered irrelevant if there is any of the types of addiction provided for in paragraph “a”.
National Legislation
In Brazil, regulation occurs through article 149-A of the Penal Code, which defines human trafficking as follows:
Art. 149-A: Agency, enticement, recruitment, transport, transfer, purchase, accommodation or shelter of a person, through serious threat, violence, coercion, fraud or abuse, with the purpose of: (…) V – sexual
exploitation
.
It should be noted that for the crime of human trafficking to exist, there must be the presence of some defect in consent, that is, there must have been a serious threat, violence, coercion, fraud or abuse, as provided for in the caput of the article . If there is no vice, the consent given by the victim is valid, mischaracterizing the crime.
However, it wasn't always that way. The previous wording of the Penal Code did not include consent defects as part of the concept of crime, only as causes for increased punishment. Thus, the victim's consent was always irrelevant and disregarded in any context, as the existence of defects was not necessary for the crime to be characterized.