A regulação penal da exclusão social no tráfigo de seres humanos

• Autor(a) principal: Gebrim, Luciana Maibashi [UNESP]
• Data de Publicação: 2014
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UNESP
• Texto Completo: http://hdl.handle.net/11449/128061
• topic: Direito constitucional; Direitos humanos; Tráfico humano - Aspectos jurídicos; Política criminal; Exclusão social; Direitos sociais; Law

This work addresses the topic international trafficking in persons in their relation to the control of migration flows from the clipping of the restrictive migration policies, the criminal expansionist policies and human rights of international migrants. In the current global scenario, new risks go to live with old social problems in a context characterized by rapid, intense and contradictory transformations. The international trafficking resurfaces in contemporary society as a hypercomplex phenomenon, intrinsically related to migration processes, resulting from the combination of several factors, including economic, political, cultural and legal. The influx of poor economic migrants and prostitutes generates fear and insecurity in places of destination and make a noise in the criminal subsystem, which reacts to the stimulus caused by the environment through criminal expansionist policies, focusing on positive general prevention, anticipation of risks and in control groups of the creators of these risks, through the intensification of migration barriers. However, these policies have proven ineffective in combating trafficking in persons, with the aggravating circumstance that vilify the human rights of international migrants. The anticipation too much the risks affects negatively the social field itself regulated, producing a dysfunctional in the criminal system. The dissertation aims to demonstrate this dysfunctionality, from a systemic functional approach, based in autopoietic theory of Niklas Luhmann. For this dissertation, bibliographic and empirical research will draw on. Finally, an attempt is made to sensitize policy makers in order to develop public policies that effectively geared to protecting the human rights of the most vulnerables