Processo nº 2005.72.09.000609-8
Court: Seção Judiciária de Santa Catarina - Vara Federal de Jaraguá do Sul [Federal Justice - Judiciary Section of Santa Catarina]
Jaraguá do Sul, Santa Catarina
June 08, 2009
Víctima / Demandantes de primera instancia
Acusado / Demandado de primera instancia
resumen de los hechos
In 2003, the defendant allegedly promoted acts that led to the departure of many women from Jaraguá do Sul/Santa Catarina –city where they lived- to engage in prostitution in Spain. A couple and a lady know as “baiana” collaborated with the criminal act – they all lived in Spain. Among the victims from that particular women trafficking situation, there is R.T.F., who traveled twice to Spain (in 2003 and 2005) for prostitution purposes. When traveling to Spain for the first time, R.T.F. practiced prostitution at a night club called Camelot, located at the side of a road in Trapagaran Valley, in Bilbao. In 2003, D.C.F. and T. – both equally recruited by the defendant- enrolled in R.T.F.’s company also to practice prostitution in Spain. Other young women were also recruited to leave Brazil and to go to Spain to enroll in prostitution. They are S., K., A.M. and AM., all “hookers” living in Jaguará do Sul, and the price charged for each of the unlawful programs executed by the defendant was R$ 4.000,00.
Penal Code, article 231, caput. (before the new modification)
Tráfico de mulheres
Art. 231 - Promover ou facilitar a entrada, no território nacional, de mulher que nele venha exercer a prostituição, ou a saída de mulher que vá exercê-la no estrangeiro:
Pena - reclusão, de três a oito anos.
Trafficking of women
Art. 231 - To promote or facilitate the entry, in the national territory, of a woman who will prostitute, or the output of a woman who will prostitute abroad:
Penalty - imprisonment, from three to eight years.
The magistrate decided – regarding the crime described in Article 231, head, from the Penal Code - that all the evidence found did not fully demonstrated that she "promoted or facilitated" the departure to of any of the women stated in the records and received "some amount of money for the commission of such crime". The facts established in the record show that R. T. F., D. C. F. and other girls living in Jaragua do Sul, a city in Santa Catarina Brazil, at the time ended up leaving Brazil and going to Spain to work as prostitutes with the assistance of a Brazilian who living there, known as "Baiana". There is no evidence in the records that the defendant had arranged the departure of R. F. T., D. C. F. and others, promoting or facilitating their departure from the country for the purpose of engaging into prostitution in Spain, receiving an amount of money to perform that act. Resuming, the accusation did not prove, by means of concrete evidence, that the defendant promoted and/or facilitated the departure of women from Brazil to Spain with the purpose of engaging into prostitution. In conclusion, based on the lack of sufficient evidence to prove that the defendant had effectively promoted and/or facilitated the departure of women from Brazil to Spain with the purpose of engaging into prostitution, the judge decided that she should be pledged not guilty, in order to respect the principle “in dubio pro reo”, stated in article 386 from the Penal Code.
PROCESSO nº 2005.72.09.000609-8