SILVA, P. S.; SILVA, Luana Patricia de Souza.
Abstract:
Makes an analysis about human trafficking, a practice that is characterized by the violation of
the human dignity of the victim. The methodology has transdisciplinary nature, was used as a
method of deductive approach. The methods employed procedures were: evolutionary history
and a comparative study. Was used as research techniques to indirect documentation,
literature and documentary on the subject, based on the doctrinal, jurisprudential and
normative construction, and analyzed the reference of the Palermo Protocol and the Brazilian
Penal Code. It has the scope to check the current complexity of human trafficking, due to the
wide expanse that has taken and the close connection with other forms of transnational
displacement. Demonstrates the importance of the United Nations in drafting the Palermo
Protocol. Also, if it makes an approach on the fundamental characteristics of human
trafficking, its main differentiating forms of exploitation, of which one can mention:
trafficking for prostitution of others or other forms of sexual exploitation, for forced labor or
services, slavery or practices to similar to slavery, servitude or for the removal of organs. It
also distinguishes human trafficking from other phenomena, such as migration, migrant
smuggling, prostitution and sex tourism. It then evaluates whether the Brazilian legal system;
the role of the Federal Constitution to ensure the protection of human dignity, as well as
demonstrates the main international instruments ratified by the Brazilian legislation to curb
the growth of this crime, and make an analysis about the legal aspects regarding the practice
in question, highlighting the article 231 of the Penal Code. It is a brief elucidation on the
National Policy to Combat Trafficking in Persons, which aims to set guidelines, principles
and actions in addressing trafficking. Finally, it is proposed that States and the measures of
prevention, prosecution and defense against the crime of human trafficking society.
