Tráfico de seres humanos para exploração laboral: análise crítica dos mecanismos jurídicos para enfrentamento do problema em âmbito internacional e no Brasil

Abstract

The purpose of this study was to conduct a review of the legal mechanisms adopted in Brazil and around the world to counter trafficking of human beings, especially considering trafficking cases in which there is an aim of labor exploitation of the victims, whether in the sex trade or other activities. The objective was to identify the factors that propitiate/ lead to the the reproduction of human trafficking and to examine if the actions adopted to eradicate and prevent the crime and protect victims are effective. At first, methodological caveats were mentioned in order to demonstrate the complexity of the subject, which is manifested in the definition and characterization of trafficking. After that, a morphological examination of the concept of human trafficking was undertaken,showing the three stages that comprise the crime: the geographical displacement of the victim, the use of means which make difficult or unfeasible the free expression of the will and the exploratory purposes. The study focuses on the review of existing regulations, particularly the Palermo Protocol, the outstanding international document in the field of human trafficking as well as the measures which have been adopted by the Brazilian government to deal with the issue. At that time, considerations concerning the use of undetermined legal concepts innormative were taken as well as the need for a complementary and concurrent application of national and international documents since such subjects belong to the field of human rights. After, social factors that favor the practice of human trafficking were analyzed by highlighting the social vulnerability. Critical considerations were taken regarding policies which take a criminological bias and purposely amalgamate the combat of trafficking with prostitution abolitionist policies as well as restricting measures of immigration. The work, in its conclusion, identifies the urgency for adequacy of the mechanisms of trafficking combat sothat it is not designed primarily as a police matter. That is to say, besides not eradicating crime, this orientation fosters violence and stigma which lie on the victims. In this sense, the relevance of the approach of the topic from the perspective of human rights was pinpointed as well as the adoption of public policies to eradicate poverty and to reduce social disparities. Consequently, they would not only punish traffickers, but also treat the social origin of trafficking.