Trabalho prostitucional: da regulamentação jurídica à prestação de serviços sexuais

Abstract

Prostitution mediated by pimps or establishments is a reality in Brazil. The authorities are fully aware of the locations and the way it takes place, although no action is taken to give effect to the legal command - the Penal Code - which criminalizes all prostitution intermediation activities. For the sake of impunity, the State ends up legitimizing the conditions in which sex workers work: in extremely precarious environments, without minimum hygiene conditions, without security and, often, threatened, subjected to violence or deprived of liberty, degraded. In view of this problem, this study discusses the legal situation of prostitution, analyzing the legal provisions in Criminal, Social Security and Labor Law. Through the study of Comparative law, it deals with the systems of legal framework for prostitution, focusing on the position adopted by a given State regarding this activity; the systems are mentioned: prohibitionist, abolitionist or regulator. Brief considerations are also made about the International Normative Instruments. The main objective is to highlight the importance and scope of the dignity of the human person, as an intrinsic quality to all, always safeguarding freedom and equality as pillars of the Democratic Rule of Law. It is also questioned whether prostitution remains an immoral issue, on which the State must legislate. It is believed that the recognition of the employment bond must be adopted by the Labor Court.