Para além da tensão entre moral e economia: reflexões sobre a regulamentação da prostituição no Brasil

Abstract

This research work aims at the current proposals of regulation of prostitution in Brazil which are issued by the Law Projects (LP) 4244/04 and 98/03. Having as a methodological referential the presuppositions of the marxian ontology of the social being the goal is conceived as a concrete totality moment. By treating the regulation of prostitution from this perspective the traces that particularize the current context, on which the legal propositions come out, will emerge since there is a possibility to prove which historical subjects are interested in the regulation of activity including their purposes as well as the discourses about the subject. In order to understand the main character present in the process, the prostitutes, an exposition about the collective organization of the Brazilian prostitutes is shown as well as their aims and petitory actions. Considering that the Law Projects are expressions of an specific context in which the state regulates the activity the prostitution -, this research work presents the historical antecedents of the regulation, such as: in class society prior to capitalism, regulations inside capitalism, and regulations that happened earlier in Brazil. The presence of these historical elements contributes to make clear that the regulation of prostitution happens, indeed, because this is the role of the state in a class society. What historically varies and is revealed in different contexts is the concrete response given by the state to regulate the activity prohibiting or else setting free under rules, for instance. As for the proposals which have not yet been approved in Brazil, the discussion until now has floated between the rejection of the regulation by the moral argument, and the approval through the market freedom. By analyzing the dissolution of the current context, this research discusses the possibilities of a possible regulation pointing out the visualized limits as from the point of view of an emancipated policy regarding to the Brazilian case (access to the rights, equal treatments, overcome of the stigma of dishonored women) -, as of the possibility of emancipated human, considering the form of political intervention prioritized until then.