Recurso Especial 1.683.375-SP: situações de atipicidade do delito do Art. 229 do Código Penal, aplicados ao cenário da cidade de Juiz de Fora.

Abstract

The present study is justified by the publication of the decision of Special Appeal 1.683.375-SP, which impacts on the doctrinal understanding around Article 229 of the Criminal Code, as well as the necessary perception of such assumptions in the city of Juiz de Fora. Although it is not a doctrinal or jurisprudential consensus, there is a great potential in the decision-making, in the sense of better protection of the human and sexual dignity of prostitution professionals, in better harmony with modern criminal law and the guarantees set forth in the Constitution. The analysis of the data collected through empirical research, in turn, shows that although it is not possible to gather possible indications of the practice of Art. 229 of the Penal Code, diverse elements are present dispersed in this sense. Such indications are sometimes related to the establishment or not of the establishment as exclusive sexual merchandise, although they profit from the eroticization of female professionals, whether or not related to the configuration of evidence that can demonstrate sexual exploitation, understood as the freezing of freedom individual of any kind or for the sexual merchandise of minors.