Gênero e Tráfico de Pessoas: o impacto do Protocolo de Palermo na legislação nacional

Abstract

The United Nations Convention against Transnational Organized Crime is the main international mechanism for combating transnational organized crime. This convention is complemented by three additional protocols. In this research, we therefore focus on the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, commonly known as the Palermo Protocol. In this regard, the objective of this dissertation is to investigate whether the ratification of the Palermo Protocol by the Brazilian government in 2004 motivated changes in Brazilian legislation regarding human trafficking. To this end, in Section 1, we conduct a Systematic Literature Review on publications related to the topic in Brazil, seeking to understand this perspective through the lens of the gender debate. We complement this Systematic Review with a Narrative Review in Section 2, aiming to understand how the text of the Palermo Protocol was formulated. Finally, in Section 3, through a documentary analysis of primary sources (the text of the Palermo Protocol, Law No. 11,106/2005, Law No. 12,015/2009, and Law No. 13,344/2016), we investigate the hypothesis that the ratification of the Palermo Protocol motivated amendments to the Brazilian Penal Code – in 2005, 2009, and 2016 – gradually aligning it with the wording of this international document.