The Legal Framework of Human Trafficking in Brazil: An Analysis of the Rationale for Criminal Intervention in Light of International Norms

Abstract

This article examines the legal framework of human trafficking in Brazil, analyzing the rationale for criminal intervention in light of international norms. The study is based on bibliographic research and documentary analysis of international instruments and domestic legislation that preceded Law No. 13,344/2016.

Human trafficking is a complex and global phenomenon that has long afflicted society and continues to expand in the contemporary world. Numerous treaties and conventions have been ratified by various States in an effort to curb this growing issue. In response to the increasing incidence of human trafficking, the United Nations adopted a global international instrument in 2000—the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol), supplementing the United Nations Convention against Transnational Organized Crime—which represents a fundamental milestone in addressing the issue.

Human trafficking occurs at both international and domestic levels and constitutes a violation of human rights that must be addressed by all countries. Within this global context, Brazil has addressed the issue since its Republican Penal Code; however, the Brazilian legislature remained insufficiently aligned with international legal obligations regarding the criminalization of human trafficking. Consequently, reform of domestic criminal law became imperative.

On October 6, 2016, Law No. 13,344 was enacted, establishing measures for the prevention and repression of domestic and international human trafficking, as well as assistance to victims. The significant criminal law reforms introduced by this statute led to amendments to the Penal Code, which were essential for harmonizing domestic law with international legal standards.