QUANDO OS MEIOS NÃO JUSTIFICAM O FIM: A falta do meio “engano” no novo artigo 149-A do Código Penal

Abstract

This final work has as its main objective to analyze the consequences of the expansion of the concept of “fraud”, in the context of combating human trafficking. It was demonstrated, through jurisprudential analysis and analyzes of concepts, that there is no fixed concept of what is understood by “fraud” and “deceit”. That being said, at first, a historical approach to human exploitation was carried out, passing through the period of slavery and, later, through the trafficking of white women. Furthermore, it was necessary to address the history of the concept of trafficking persons in international law, to understand its impacts on Brazilian legislation, until the advent of Law nº. 13.344/2016, which added article 149-A to the current Brazilian criminal Code. To achieve the research objective, a bibliographic and documental analysis was carried out, identifying possible concepts for the means of human trafficking; and jurisprudential analysis to understand how Brazilian law deals with cases in which the means of fraud were used. Thus, from the study, it was concluded that there are no serious consequences with the broad interpretation of fraud, based on the case law records subsequent to Law nº. 13.344/2016. Thus, as much as it is necessary to have a debate in the international law scenario, in this specific case, no consequences were detected that deserve the concern of the person who enforcers the law in Brazil.