A prostituição e o paternalismo jurídico: uma análise sobre os crimes de lenocínio e o direito ao corpo

Abstract

In the field of law, the problem of prostitution, under the focus of legal factors, can be analyzed by more than one bias, since the issue involves discrimination and marginalization of this class, as well as the stereotypes carried by those involved, since society thinks that because it is a conduct with a high degree of social repudiation, it should be considered a crime. Thus, the study of the theme presented in this paper aims to analyze legal-penal paternalism, based on the offenses related to pimping crimes set out in Chapter V of Title VI of the Penal Code, in order to extract the motivation for criminal protection of these crimes. Thus, there is a clash over what this chapter is about, whether it would be legal paternalism or legitimate criminal protection of a legal good. For this, an analysis will be made about prostitution and its legal systems, as well as its concept, as well as the influence of the typification of these crimes in relation to the right to prostitute. To answer the proposed question, the legal property protected by crimes related to prostitution will be analyzed, as well as legal paternalism, the reasons for the criminalization of conduct by the State, imposing a restriction of freedom on individuals and the influence of consent in such crimes.