On 31/1/1995, JORGE RICARDO DE SOUZA REIS facilitated the exit from Brazil to Spain of victim E.C.B.L. to exercise prostitution abroad. The victim was deceived as she was told she was going to work on promotion events of the Brazilian beer Brahma for three months in exchange for U$S 1000. The front company to celebrate this contract was called “ICM Empreendimentos e Propaganda”. Once in Spain, the victim was told she had to exert prostitution in a brothel where other Brazilian women were prostituting themselves. On 6/2/1995, she managed to escape and got help from the Consulate General of Brazil in Barcelona to be repatriated to Brazil. The defendant was convicted of international human trafficking.
On the other hand, JORGE RICARDO DE SOUZA REIS was also accused of participation in an organized criminal group aimed at trafficking women from Brazil to Spain. This group was also allegedly joined by Ivan Carlos Magalhães (deceased), Maria Lúcia de Souza (who couldn’t be identified) and Esteban Alonso Pascoal. Each member of the criminal group had allegedly a different role in the organization. The defendant JORGE RICARDO DE SOUZA REIS was acquitted of this offence for lack of evidence. It is worth remarking that this criminal process was only brought against JORGE RICARDO DE SOUZA REIS.
Brazil
Spain1st Instance:
Court:
Location:
Date of decision: 19/12/2008
Reference: 9500309858
2nd Instance:
Court: Tribunal Regional Federal da Segunda Região
Location: Rio de Janeiro
Date of decision: 01/09/09
Reference: ACR 9500309858RJ_TRF2
2nd instance: The Appellate Court has upheld the sentence on the basis that all the evidence confirms the perpetration of the offence by the accused.
Art. 231. Promote or facilitate the entry in the national territory of someone who will exert the prostitution or other form of sexual exploitation, or the output of someone who will exercise it abroad.
Penalty: imprisonment of 3 (three) to 8 (eight) years.
§ 1 The same penalty is applied to who negotiates, lures, sells or buys the trafficked person, as well as having knowledge of this condition, transports, transfers or hosts the person.
§ 2 The penalty is increased by one half if:
I - the victim is under eighteen (18) years of age;
II - the victim, due to mental illness or disorder, lacks the necessary understanding to the perform the act;
III - if the agent is ascendant, stepfather, stepmother, brother, stepchild, spouse, guardian or trustee, teacher or employer of the victim, or assumed, by law or otherwise, the obligation to care, protection or of surveillance, or:
IV - use of violence, serious threat or fraud.
§ 3 If the crime is committed in order to obtain economic advantage a fine is also applied.|
International trafficking of people for sexual exploitation |
Art. 288 – The association of three or more people for the specific purpose of committing crimes:
Penalty: imprisonment of one to three years.
Single Paragraph - The penalty is increased by one half if the group is armed or if it involves the participation of children or adolescents.
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Participation in an organized criminal group |
Federal Justice (Justiça Federal -Tribunal Regional Federal da Segunda Região)
