BETWEEN CONSTRUCTIONS AND REPRESENTATIONS OF WOMEN'S TRAFFICKING FOR PROSTITUTION, VULNERABILITY AND CONSENT: A CRITICAL STUDY ABOUT THE APPLICATION OF THE INCRIMINATING LEGAL STANDARD BY THE CRIMINAL JUSTICE SYSTEM

Abstract

This study is based on research funded by FAPESP and CNPq. The main purpose of this study was to reflect about the jurisdictional response given to the application of the criminal law that criminalizes sexual trafficking, especially about judicial cases in which women consent to trafficking on a context of alleged vulnerability. This application involved deep discussions about consent as a means of dissolving the material typicity of this crime, since the concept of vulnerability is highly imprecise. After analyzing the criminal scene of repression of sex trafficking and its intersection with the Criminal System, the parameter of vulnerability recognition was analyzed, with the support of the analytical categories of capitalism and gender. Finally, with the epistemological resources of Critical Criminology, Feminist Criminology and Discourse Analysis, the actions and discourses of the Criminal Justice System were questioned as aspects of constructions and representations of symbolism in the (deprotection of the sexual rights of women trafficked for sexual exploitation who consented to the phenomenon. The qualitative analysis of judgments published by the Federal Regional Courts has revealed that the jurisdictional response further strengthens the gender patterns of what breaks with the sexual control agencies over women.