Alugam-se sacanagens: da regulação da prostituição no Brasil contemporâneo

Abstract

The present work seeks to contribute to encourage the critical and detailed debate regarding the conformation of sexuality, control of the body and of the dignity of the individual, mainly by the state regulation of prostitution in Brazil. It intends, moreover, to delimitate a concept of “body” to be adopted along the research, in order to comprehend the implication of the unimpeded use of the body at the formation of the personal identity. The article is divided in three chapters and final considerations. The first part seeks to comprehend the concept of sexuality formulated by Michel Foucault, as the correlations between mechanism of power and formation of sexuality. With the purpose of understanding the current context, in which there’s the intention of regulate the activity of prostitution, it is carried out a historical analysis of the ways by which the uses of the body was regulated by state action (or inaction). This analysis will be realized in order to reveal the similarities and differences between the various ways of dealing with prostitution, especially on the Brazilian context. Emblematic cases of state regulation of the practice and it’s relation with other mechanisms of power, such as “Jardim Itatinga” and “República do Mangue” will be discussed at the end. In another moment, based on the concept of sexuality shaped by power relations, considerations will be made regarding the body protection by means of personality rights. Presupposing the state limitation of prostitution a paternalistic practice, we analyze a legitimate way of paternalism intended to the prostitution. Therefore, it becomes necessary to comprehend the concept of private autonomy. The analysis of the limitation to the exercise of the right to one’s own body still passes by the understanding of the relation between the body and the psyche. It is intended, above all, to understand in which way the autonomy is related to the formation of the personal identity (taylorian notion), and investigate the way by which the sexual freedom derive from one’s dignity. On the third chapter it is elaborated a brief historical analysis of the sex workers’ movement. Then, it is realized a contraposition of the main arguments, contrary and in favor, to the regulation of prostitution. Finally, some practical aspects are examined.