Invisible victims: deconstructing the moral panic about trafficking for sexual exploitation by a gender perspective

Abstract

This work is related to human illegal trafficking and also the issue of gender, prostitution and the spread of a moral panic that violate human rights. One of the purposes is to confront the concepts of exploitation and sex work to demonstrate that ignoring the reality of prostitution - a practice rooted in society - and make a value judgment that converge for marginalization and victimization is denial of constitutional foundation of human dignity and the exercise of sexual freedom and work. The discriminatory laws and immigration policies, the repressor focus given to the social causes explains the success of human illegal trafficking and the constant violation of human rights. To discuss these issues is necessary a dialogue with their historical and philosophical assumptions. The different conceptions of the prostitute in laws demonstrate a history permeated by sexism. In the case of the Brazilian law, the State reserves to itself the function of paternalist male imaginary, in other words, keep the woman away from the sex work, for him seen as repulsive. Finally, this research seeks to demonstrate that surpassing this historical imagery is fundamental to the due regulamentation of prostitution as a profession, essential to the prevention of human illegal trafficking and the promotion of citizenship. Therefore, this research will develop starting up by a overview about human trafficking, the role of organized crime and the role of the State in violation of the principle of human dignity, as well as historical analysis and dogmatic criminal legal relating to concerned. Such an approach will serve as a framework for assessing sociological, criminological and criminal principled, to then break the paradigms relating to trafficking in persons through the revelation of the background: the marginalization of prostitution and minorities permeated by gender violence, based on the survival that historically constructed relationship of dominator-dominated of the Hegelian thought. The consent of the victim suffers an exhibition dialectic and reveals the difference between victims and alleged victims or victims of moral power of the State. (AU)