A prostituição (feminina) no limbo do Direito Brasileiro
Year: 2026
Type: article
Abstract: This article analyzes the limits of the legal treatment given to adult and voluntary prostitution in Brazil, focusing on the tension between the non-criminalization of the individual exercise of the activity and the absence of specific regulation capable of ensuring social rights, protection against violence, and access to justice. It also examines the distinction between sex work, sexual exploitation, and human trafficking, avoiding the presumption that all prostitution constitutes exploitation. A qualitative approach was adopted through bibliographic and documentary research, analyzing Brazilian legislation, international human rights instruments, and official Austrian documents. Austria is used as a comparative experience, especially regarding health rules, oversight, social security, and workers' autonomy. It is argued that the Brazilian model produces incomplete legal recognition: the occupation is administratively identified, but lacks sufficient institutional protection. It is concluded that any future Brazilian policy must combine the recognition of autonomy, social rights, confidentiality, reporting mechanisms, and the oversight of exploiters, with the participation of the workers themselves, without turning regulation into an instrument of surveillance or exclusion.
DOI: 10.48075/nnrqqt77
Institution: Universidade Estadual do Oeste do Paraná
Language: English
Topic: Sex work and related issues
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7225744852
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