Sujeitas ou sujeitadas? A prostituição como relação de pode e de trabalho

Abstract

This essay aims to discuss how prostitution is treated by labour law, especially the reasons why it is still considered, by most doctrine and jurisprudence as illicit work. Prostitution is an ancient activity and it has been seen by society in many ways. There was a concept of sacred prostitution, hospitable, benevolent, an opposition to that provided by women in cabarets, ports and taverns. From this moment, no one can see a difference in the treatment of poor and black prostitutes (especially in countries marked by African slavery, like Brazil). The West, with the rise of the Christian Church, has reinforced the stigma against prostitutes, placing them as sinners, deviating from the very purpose of being a woman. Thus, we sought to analyse the discourse given to prostitution in Brazilian labor jurisprudence, to do so we analysed 906 judgments on the issue, which were separated and classified according to the way it was approached by magistrates.