For example, this research has identified over 241 trafficking routes, of which 131 are international (qualifying for coverage by Art. 231.) Given the reasonable assessment that each of these routes represent the movement of a significant number of trafficked persons, linked with current estimates that there are over 70,000 Brazilians, mostly women, engaged in prostitution in foreign countries,48 the number of potential cases is extremely high. Nonetheless, during the period of this project, researchers were only able to identify a total of 86 police enquiries nation wide. At that time there were 68 cases that had been brought resulting in 14 convictions. Indeed, the situation appears to have deteriorated.
In 2005, the US State Department report
on trafficking noted that only 3 convictions had been handed down that
year for international trafficking for sexual exploitation.
There are a number of possible explanations for the
discrepancy between the apparent levels of trafficking activities and
enforcement efforts including the availability of adequate resources and
the exercise of resource allocation judgments valuing the prosecution of
some crimes higher than that for trafficking. Additionally, and more troubling,
this research reveals problems of corruption, where police
and government officials have been implicated in trafficking, and
misunderstandings of the law, whether based on bias or ignorance.
For example, while strong evidence exists that males and male children
have been trafficked for purposes of sexual exploitation, these
situations were uniformly classified as other sexual crimes, such as
pimping, corruption of minors, sexual exploitation, and false
documents.
III. Prevention and Protection
While critically important, criminal enforcement represents
only one method of addressing the problem of trafficking. The state
should also seek to prevent trafficking through social intervention and
protect and/or rehabilitate those who have been victimized through
trafficking. In this regard, since the completion of this research as
noted in the US State Department report on trafficking49, Brazil has
initiated a number of programs in this area. Indeed, the research itself
reflected an early step in this direction, in part, as an effort supported
by the government to raise awareness of the problem as a first step in
prevention.
In terms of prevention, Brazil has sought to educate the public
as to the dangers of trafficking. The President of Brazil has declared
the fight against trafficking a national priority and the federal
government has established a Comprehensive Program for the
Prevention and Fight Against Trafficking. It has funded a broad
ranging multi-media national public information campaign against
child sex tourism and trafficking for purposes of commercial sexual
exploitation. State anti trafficking offices establish in Rio de Janeiro,
Sao Paulo, Ceara, and Goias in 2004 are working to coordinate this
effort and to provide or facilitate training programs for civil society,
including businesses and those in the travel industry.
The criminal law also serves as a deterrent - but that
preventative function occurs only if the crime is properly recognized
and publicly prosecuted. As previously noted, whether from bias or
ignorance, many trafficking cases are prosecuted under other legal
prohibitions. In order to address this, the Ministry of Justice has for a
number of years provide training for judges, police, social workers, and
psychologists on recognizing and combating trafficking. This effort
targets those who may be in an especially helpful position to identify
and refer cases of trafficking to the authorities (i.e. social workers and
psychologists) as well of the enforcement officers responsible with
properly investigating and charging the crime.
Brazil has also initiated a number of programs to provide
protection and rehabilitation services to the women and children who
have been subjected to trafficking. This effort has involved significant
collaboration between the state and civil society, including providing
funding for NGOs and other civil society organizations who provide
services to victims of exploitation and screen victims or those at risk
and referring them to civil society organizations, the police or other
government agencies for assistance. While directing most attention to
domestic victims or at risk individuals, the State of Sao Paulo opened
an office at the Sao Paulo international airport to assist repatriated
Brazilian trafficking victims.