Abstract

FASCIOLI CAORSI, Federico. Human trafficking for the purpose of sexual exploitation: A view from the Uruguayan and international legal system. Rev. Derecho [online]. 2021, n.24, pp.32-83.  Epub Dec 01, 2021. ISSN 1510-3714.  https://doi.org/10.22235/rd24.2567.

The purpose of this work is to analyze what is understood by human trafficking, especially that which has the purpose of sexual exploitation, in the light of Uruguayan and international regulations. In International Law a modern definition of human trafficking is found in article 3 subparagraph a of the Protocol to prevent, suppress and punish trafficking in persons, especially women and children. On the other hand, in the Uruguayan legal system there are two definitions of the phenomenon. In chronological order, the first is found in the crime provided for in article 78 of Law n.º 18250 (Migration Law), while the second is inserted in article 4 of Law n.º 19643 (Law on Prevention and Combat of Trafficking in Persons. Amendments to the Penal Code). The analysis of these three definitions will allow a correct qualification of a situation of trafficking in persons. But, to understand this phenomenon, it is also necessary to distinguish it from another with similar characteristics: the illegal trafficking of migrants. Finally, jurisprudence cases are analyzed, with the aim of understanding how Uruguayan judges have applied the legal norms on this issue in specific situations.

Keywords : human trafficking; slavery; sexual exploitation; smuggling of migrants; Uruguay.

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