Seção Judiciária de Pernambuco – 4.ª Vara Federal [Federal Justice - Judiciary Section of Pernambuco]
January 25, 2007.
Victims / Plaintiffs in the first instance
Defendants / Respondents in the first instance
On July 23 1998, the defendant facilitated and promoted A.V.R.D.’s output from national territory, for prostitution on foreign soil. It’s said in the denunciation that the defendant promised the victim a job in the city of Bilbao, Spain, where her boyfriend would be the owner of a café, a place in which she would be able to work as a waitress. Seduced by the defendant’s promise, the victim received plane tickets and a passport for her boarding from Recife to Paris, via São Paulo, from where she took off to Bilbao accompanied by three other Brazilian girls. There, however, reality revealed itself differently, seen that they were sent to work at Lidos nightclub, owned by M., where A.V. adopted the name of S. and was forced into prostitution. Refusing to be in that situation, the victim looked for the Spanish police and Brazilian consular authorities, who promoted her repatriation. The victim reported that she had her ticket paid by L., who took other 3 Brazilian girls, who were said to work at the café in Spain. She explained that arriving there she found out that the café was, actually, a nightclub for prostitution. She reported that she was only able to return to Brazil because her mother contacted the Federal Police and INTERPOL, who spotted her in Bilbao and rescued her. After that, the defendant called the victim’s mother and asked for money in order to send back A.V.’s luggage and pictures that were took in the nightclub. She added that the three other girls that accompanied her lived in Recife and were prostitutes, all scouted by L. Asserted that the defendant was the one who provided the expedition of her identity card and gave her money for the issuance of the passport. The victim also said she was threatened by a person called “P.”, who asked her retrieve the process.
Charges / Claims / Decisions
Penal Code article 231, caput and § 3.º, c/c art. 70, caput
Tráfico internacional de pessoa para fim de exploração sexual
Art. 231. Promover ou facilitar a entrada, no território nacional, de alguém que nele venha a exercer a prostituição ou outra forma de exploração sexual, ou a saída de alguém que vá exercê-la no estrangeiro.
Pena - reclusão, de 3 (três) a 8 (oito) anos.
§ 1o Incorre na mesma pena aquele que agenciar, aliciar ou comprar a pessoa traficada, assim como, tendo conhecimento dessa condição, transportá-la, transferi-la ou alojá-la.
§ 2o A pena é aumentada da metade se:
I - a vítima é menor de 18 (dezoito) anos;
II - a vítima, por enfermidade ou deficiência mental, não tem o necessário discernimento para a prática do ato;
III - se o agente é ascendente, padrasto, madrasta, irmão, enteado, cônjuge, companheiro, tutor ou curador, preceptor ou empregador da vítima, ou se assumiu, por lei ou outra forma, obrigação de cuidado, proteção ou vigilância; ou
IV - há emprego de violência, grave ameaça ou fraude.
§ 3o Se o crime é cometido com o fim de obter vantagem econômica, aplica-se também multa.
International Trafficking in person for the purpose of sexual exploitation
Art. 231. To promote or to facilitate the entry in the national territory, for someone who will exert the prostitution or other form of sexual exploitation, or the output of someone who will exercise it abroad.
Penalty: imprisonment of 3 (three) to 8 (eight) years.
§ 1 The penalty is also applied for those which recruit, entice or buy the trafficked person, as well as, those which having knowledge of this condition, transport, transfer or host the trafficked person.
§ 2 The penalty is increased by half if:
I - the victim is a minor of 18 (eighteen) years;
II - the victim, by illness or mental disability, does not have the necessary discernment for the practice of the act;
III - if the agent is ascendant, stepfather, stepmother, brother, stepson, spouse, companion, tutor or curator, preceptor or employer of the victim, or if he assumed, by law or otherwise, obligation of care, protection or surveillance; or
IV - there are employment of violence, serious threat or fraud.
§ 3 If the crime is committed in order to obtain economic benefit, a fine is also applied.
Based on article 59 from de Penal Code, the magistrate decided that the defendant acted with normal culpability. Moreover, her social behavior is of a person who promotes dishonoring activities; and when it comes to personality, she reveals severe disorders, outlined by the difficulty in framing to the rules of moral and honest profit. According to the magistrate, the reasons that led her to commit the crime would have been the intention of recruiting prostitution professionals to his European cronies. The magistrate sentenced the defendant to three years and eight months of confinement. Because she was underage at the time of the crime (article 65, I, from the PC), the magistrate reduced the sentence to three years and one month of confinement. Still in the stage of legal circumstances, added the special raising cause of article 70 from the Penal Code, raising the sentence in two thirds, considering the quantity of times the procedure was repeated, in four years, which resulted in five years, one month and twenty days of confinement. The prison regime is semi-open, according to the statements in article 33 § § 2nd, “b”, and 3rd, from the Penal Code, considering the circumstances stated in article 59 of that diploma and because of the defendants’ subjective conditions. Because the defendant demonstrates high mobilization capacity, does not have stable roots in the country, has no defined profession and is dedicated to international prostitution, the judge denied her the right to appeal in liberty, which, without a doubt, would jeopardize the application of criminal law, since, for sure, aware of the conviction, she would never return to fulfill it.
Sources / Citations
PROCESSO nº 2001.83.00.007512-0