A criminalização indireta da prostituição no Brasil: a ausência de regulamentação como negação do direito de exercer atividade lícita e o projeto de lei Gabriela Leite

Abstract

The penal code when applying the abolitionist model to the treatment of prostitution in Brazil makes the assistance to professional activity of sex unlawful, indirectly criminalizing prostitution, which despite not being typified is the target of stigmas that keep it in a situation marginal to the legal system. The conflict between the concepts of prostitution and sexual exploitation is one of the factors that keeps the lack of regulation and the wrong legal prediction. This article aims address the theme from a juridical-criminal perspective considering the factual contexts in order to verify whether it is up to criminal law of ultima ratio to protect morality as a legitimate to verify whether it is the responsibility of the criminal law of ultima ratio to protect morals and to denounce the social damages derived from the lack of regulation of a lawful activity. Analysis of the filed project of law Gabriela Leite is essential for broad discussion of rights and misconceptions contained in criminal types indirectly criminalizing prostitution.