The unsustainability of setting up Brothels in brazilian criminal law

Abstract

This paper discusses the crime of setting up brothels, established by article 229 of the Brazilian Criminal Code. For this purpose, a study of the legal good will be examined from the perspective of Claus Roxin. Furthermore, this study understands that there are situations in which there is no violation of the legal good. Some of them, as shown, fit into specific behaviors foreseen in the type of crime under analysis. The principle of social adequacy, which, as will be seen, functions not only as a regulating principle of this type of crime. In addition, this article explores the theories of punishment, be it retributive or relative. In the latter, we will present the theories of negative and positive general prevention. From this perspective, this research uses the hypothetical-deductive method, since we will start from objective criteria - the theory of the legal good, the theory of social adequacy, and the theory of general prevention - in order to apply them to particular cases. Finally, this paper shows, with use of these theories, that the crime of setting up brothels should be deleted from our legal-criminal system, since it does not violate any legal good, is compatible with social adequacy, and, finally, is alien to the foundations of the penalty, incorporated through the theory of general prevention.