Reflexões críticas sobre o enquadramento jurídico da prostituição em Portugal

Abstract

During this project we propose an analysis and a reflection upon the phenomenon of prostitution, as its presence in history has been, and is, a constant. Although, its position on a legal basis has suffered many alterations since the beginnings of society until the present day. Firstly, we will analyse the history of prostitution throughout time, exposing the various types of treatment it has received during the time periods in analysis. To begin, a general approach, and after that, focusing on ancient Rome and Greece. Then, we will address the Portuguese case. Secondly, our work will seek to frame the different legal and political models which are applied in the legal orders, on a world-wide basis, seeking to describe that same application keeping in mind the concrete cases of the USA, Poland, and the Netherlands, also exposing several critics to the models utilized and the governmental action in their execution. Lastly, all that remains is to define the terms of a possible regulation of prostitution. We will consider the questions of age and nationality of sex workers, the possibility of creating a specific legal contract for this profession, as well as its registration with the tax authority and social security. Our analysis will also address the measures that need to be taken to encourage the intervention and cooperation with the criminal police agencies, the consequential registration of the houses of prostitution, the creation of programs to leave this profession and the mandatory periodical medical exams. The last aspect upon which this project will focus is the decriminalization of the crime of instigating, supporting, or facilitating prostitution, present in article 169.º n.º1 of the Penal Code.

Date of Award	27 Apr 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Elisabete Ferreira (Supervisor)