Uma análise da atipicidade do crime, exploração de casa de prostituição, previsto no art. 229 do código penal, a luz do contexto social atual

Abstract

This course completion work performs an analysis of the atypicality of the crime of operating a house of prostitution, provided for in article 229 of the Penal Code, in the light of the current social context. The research was conducted using the deductive method, seeking to examine the legal and social foundations that support the discussion about the atypicality of this criminal type. In the study, three fundamental principles of Criminal Law are applied: the principle of offensiveness, social adequacy and minimal intervention. the principle of minimal intervention brings up the discussion about the need for a penal intervention when other less serious measures can be adopted to solve the problem. while the principle of offensiveness questions whether the conduct under analysis really causes significant harm to society. Finally, social adequacy seeks to analyze whether the criminalization of the exploitation of houses of prostitution is still consistent with contemporary reality. Through the analysis of these principles, arguments are presented that suggest the atypicality of the crime of operating a house of prostitution, considering the evolution of customs and the social changes observed today. This work contributes to the debate on the criminalization of the exploitation of houses of prostitution, offering theoretical and legal possibilities for a deeper understanding of the subject in the current social context. In addition, it suggests the need for reflections and possible reformulations of criminal legislation, aiming at a more harmonious and effective approach in the face of contemporary social and cultural transformations.