THE RIGHT TO PROSTITUTION THE NON-REGULATION OF THE ACTIVITY AS A PERMANENT VIOLATION OF FUNDAMENTAL RIGHTS
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Abstract
In the Brazil, the prostitution is not criminalized, however, is not regulated as too. As a result, one can see the lack of juridic protection to fundamental rights of sex professionals. This paper proposes to discusses the prostitution in the fundamental rights side and in the reality in front of brazilian criminal law side. To this end, is analyzed prostitution historical context, showing how that can considered the older job in the world and, however, it ended up being made invisible due to a social moralism witch entered to the law. Then, it can be noticed the historical attempt of abolitionism of this job, witch, although not can be accomplished, move away fundamental rights of prostitutes. Based on this reasoning, the article studied the abolitionist, liberal and labor aspects of prostitution in an attempt to understand which is best suited to the Brazilian reality. In this discussion, the importance and the need to regulate sexual jobs are highlighted, so that the law, without morality, can provide guarantees to these professionals.
Key-words: fundamental rights; prostitution; regulate.
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