TRABALHO SEXUAL, ESTUPRO E SISTEMA DE JUSTIÇA CRIMINAL: UMA ANÁLISE CRÍTICA A PARTIR DO FEMINISMO DE TERCEIRO MUNDO

This work aims to reflect the institutional (un)protection offered to sex workers in Brazil, when victims of sexual violence, specifically considering rape. The applicability of the incriminating norm of the crime of rape involves judgment not only of the occurred facts, but also of the morality and sexual reputation of the woman, who ceases to occupy the role of victim to become a potential suspect. The scope and impact of the criminal law will be developed exceeding the legal power, approaching its legitimating function and of maintenance of a current unfair structure in the social environment. In order to recognize the individual practices and strategies, including those related to the own body and sexuality, prejudicial actions to the sexual rights of sex workers will be questioned. It will be also be analyzed criminal the criminal selectivity of sex workers ranging from the stigmas of victims and villains, in view of the contributions of Third World Feminism and the Feminist Criminology Critique.