O art. 149-a, § 2°, cp, e seus questionáveis efeitos: uma análise sob a perspectiva da repressão ao tráfico de pessoas

Abstract

Through the incorporation of Art. 149-A, § 2°, into the Penal Code, it became legally assumed that human trafficking is, as a rule, related to the so-called “organized crime”. This happened at least indirectly, by stipulating in the aforementioned paragraph the mandatory reduction of the sentence for human trafficking "if the perpetrator is a firsttime offender and is not part of a criminal organization." Given this and with the main objective of understanding how the judicial system has applied this law and how it has been repressed and prevented, this scientific work analyzed the application of Art. 149- A, § 2°, CP by the Judiciary, through the assessment of national jurisprudence from the years 2020 to 2023, in order to determine whether human trafficking is really related to “organized crime”. The decisions were taken from jurisprudence portals on the Internet, and their analysis was carried out using the inductive method – notably to extract information and conclusions from the jurisprudence, thus proceeding with a documentary and bibliographical research. This methodology was fundamental for the work to reach the conclusion that the criminal legislator's prediction is difficult to appreciate by the Brazilian Judiciary, either due to lack of evidence in the process, or due to the choice and carelessness of the courts.