A prostituição no sistema jurídico português

• Autor(a) principal: Oliveira, Marta Primitivo
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/25338
• topic: Prostituição; lenocínio; bem jurídico; inconstitucionalidade; contrato especial de trabalho; modelos político-legislativos; prestação de serviços; prostitution; panderism; juridical assets; unconstitutionality; political legislative models; special work contract; service agreement; Direito

Prostitution has known several political and legislative models. As it is a subject associated with sexology it is complex and surrounded by controversy. Always followed by an array of convictions, there are two that can be highlighted: prostitution seen as a crime and prostitution seen as work. I will start by the historic and legal description of prostitution, following I will analyse the legal penal system where the need for alterations is noted, mainly in the decriminalisation of panderism provided in article 169º of the Penal Code. The decriminalisation of panderism entails a vacumm legis, as prostitution is currently not legally regulated. In order to legally frame prostitution it is important to examine the existing political and legislative models in other legal frameworks. It is concluded from this research that the model currently in place in New Zealand is the most suitable to protect the “sex worker”. This model should serve as the basis to develop the regulation of prostitution in Portugal, acknowledging it as a job where the same rights and duties present in all the other jobs with service agreements or atypical employment contracts are ensured.