O CONSENTIMENTO DA VÍTIMA NO TRÁFICO DE PESSOAS: ATÉ ONDE O ESTADO INTERVENTOR INTERFERE NA AUTONOMIA DA VONTADE

• Autor(a) principal: Dalbon Barbosa, Guilherme
• Data de Publicação: 2023
• Outros Autores: Corrêa Borges, Paulo César
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Estudos Jurídicos da Unesp (Online)
• Texto Completo: https://periodicos.franca.unesp.br/index.php/estudosjuridicosunesp/article/view/3571
• topic: Tráfico de Pessoas. Consentimento. Direito Penal. Sociedade. Estado.; Direito. Direito Penal. Tráfico de Pessoas.

The State as an intervening entity is known to the legal environment. Its very nature as the holder of the monopoly of violence in the territory justifies its action for pacification, conflict mediation and imposition of sanctions in cases of violations. With the Criminal Law, it is no different. However, there is a major point of discussion that presents itself as a problem in this article: the consent of the victim in relation to certain types of crime, especially Persons´s Trafficking, for its most diverse purposes, with a focus on Persons´s Trafficking for the purpose of sexual exploitation. In other words, to what extent can state power, via formal state law, put the human will aside for the purpose of punishing conduct, ignoring not only that person's reality, but also the very failures that lead to various situations of violations and foster fertile ground for criminals to act. This point, in addition to the problem, is the object of research. As theoretical references, there is State action as the holder of legal power. Also, legislation on the subject and the issue of Law outside the State scope and situations and rules that arise from society itself, through its conduct and thoughts, can oppose the State Law. The methodology will be the qualitative analysis of bibliographic sources such as current legislation, international treaties, doctrine, articles on the subject and jurisprudence. In the end, it seeks to clarify the main positions and the main issues of conflict in relation to the theme and, also, to carry out a critical analysis regarding the State action in the absence of the people object of Persons´s Trafficking.