Ausência de processos do crime de tráfico de criança e adolescente para exploração sexual na comarca de Recife/PE: conflito aparente de normas para a tipicidade dos artigos 231-A, 149-A e 218-A, do código penal.

Abstract

The absence of crimes of trafficking in children and adolescents for the purpose of sexual exploitation in the state capital of Pernambuco during the period from 2010 to 2017 was found in an internal survey of the Center for the Pleasant Testimony of the Coordination of Children and Youth of the Court of Justice of Pernambuco In the region of Recife, Brazil, a study was begun in order to observe the possibility of an apparent conflict of norms for the typicity of articles 231-A, 149- A and 218-B, both of the Penal Code, which is based on a possible inadequacy of some of these offenses, resulting in the non-application of criminal offenses related to trafficking. The answer to this problem will be delineated by the following objectives: At the beginning a study will be carried out on the trafficking of human beings in Brazilian territory, in the final decades of the 19th century and the beginning of the 20th century; Next, the specific concept of the Palermo Protocol will be presented to the crime of trafficking in human beings. It will also mention its different purposes and distinguish it from prostitution, sexual tourism, migration and the illegal transportation of migrants. Subsequently, a study of Brazilian criminal law will be drawn up on the subject and the development of a detailed classification of arts. 231-A, 218-B and 149-A, both of the Penal Code. The purpose of this classification is to carry out a comparative analysis between some of the abovementioned legal provisions, regarding the possibility of a possible conflict of rules, provoked by a probable precarious taxation of these abovementioned conduct, inhibiting the application of the offense of traffic. Analyzes will be carried out in jurisprudence and in the processes typified by the crime of favoring the sexual exploitation in the two special courts specialized in crimes against children and adolescents of the Region of Recife / PE, between the years of 2016 and 2017 - period where the legislative alteration of the crime took place of traffic, by Law 13344/2016 -, since there are no processes typified by the crime of trafficking, seeking to observe the occurrence of the conflict of norms cited above. This scientific research will adopt a qualitative methodology, with documentary research format, using the technique of content analysis and field research.